CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 12TH, 1904.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER,
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
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On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 12th, 1904, and following days.
Before the Right Hon. JOHN POUND, LORD MAYOR of the City of London; the Hon. Sir CHARLES JOHN DARLING , Knight, one of the Justices of His Majesty's High Court; Sir JOHN WHITTAKER ELLIS, Bart., Sir DAVID EVANS , K.C.M.G., Licut.-Col. Sir HOROTIO DAVIES, K.C.M.G., M.P., Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; Sir WILLIAM PURDIE TRELOAR, Knight, Sir JOHN KNILL . Bart., and DAVID BURNETT , Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; LUMLEY SMITH , Esq., K.C., Judge of the City of London Court; and His Honour Judge RENTOUL, K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
ANDREW WILLIAM TIMBRKLL, Esq.
CENTRAL CRIMINAL COURT
POUND, MAYOR. SECOND SESSION.
A star (*) denotes that the prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—December 12th to 17th, inclusive.
Before Mr. Justice A. T. Lawrence.
This Court was occupied with the trial of E. T. Hooley and H. J. Lawson, commenced last Session.
NEW COURT.—Monday and Tuesday, December 12th and 13th, 1904.
Before Mr. Recorder.
64. THOMAS SMITH (27) PLEADED GUILTY to unlawfully obtaining from Edith Martin and Walter Hoskins £5 1s. 7 1/2 d. from Albert Owen and Charles Meek £13 2s. 4d., and from Slaters, Limited, £10 10s. by false pretences and with intent to defraud. It was stated that the prisoner's friends desired to "make restitution. Judgment-respited. —
(66). GEORGE DAVIS (24) , to stealing a Gladstone bag and other articles, the property of Arthur Edward Payne; also to stealing a box and other articles the property of the Mid-land Railway Company, having been convicted of felony at East Storehouse, Devonshire, on May 27th, 1004. [Pleaded guilty. See original trial image.] Nine months' hard labour —And
(67.) HERBERT MOTT (32) , to unlawfully, wilfully, and with intent to defraud, falsifying a certain book while servant to the Argentina Meat Preserving Company, Limited; also to stealing five orders for the payment of £300, £500, £500, £500 and £300 respectively, the property of the Argentina Meat Preserving Company, Limited. [Pleaded guilty. See original trial image.] He received a good character. Eighteen months' hard labour.
MR. LYNE Prosecuted: MR. LKYCKSTER Defended.
Dwing the progress of the case the prisoner said, in the hearing of the Jury, that he was
GUILTY . Twelve months' hard labour.
MR. LYNE for the prosecution, offered no evidence.
NOT GUILTY .
MR. OVEREND Prosecuted; MR. FULTON Defended.
CLARA DELREY . I am the wife of Alfred del Rey, of 3, Vartry Road, Stamford Hill—last March we were living at 52, Bayston Road, Stoke Newington, which is close by—we had some furniture—in that month a receiving order in bankruptcy was made against my husband, who is a clerk—he knew the prisoner—I do not know what the prisoner is—he told my husband he would lend him £20 for the expenses of the bankruptcy, but he must take the furniture as security—he removed the furniture on March 23rd—he did not lend my husband any money; the furniture was removed to Mr. Gibson's, 37, Leswin Road, which is close by—he is a warehouseman—there was some furniture left in the house, which came into the possession of the Official Receiver, who was desirous of selling it—he was ready to accept a private offer to save the expense of advertising, and so he gave me the option of buying it in, and I bought it in for £2; that is the re-mainder of the things—I gave the money to my husband to pay; he conducted the purchase—I put the furniture at Gibson's in the prisoner's name, as the first was in his name, and I thought it would be safe—I knew him as Sims Wood—he receipt was in his name—I made a list of the goods purchased from the Official Receiver; this (Produced) is a copy of it made by the Official Receiver—after it was taken to Gibson's I saw no more of the prisoner; my husband did; ho was more intimate with him than I was—the prisoner had no conversation with me after the furniture was removed—I had an accident, and was ill all the time—I saw him when he came on July 7th, and said Gibson had been to his house and made a disturbance there, and therefore the things must be removed, as Gibson wanted the room, and did not want my furniture any longer, and he would require £2 to pay for them—I gave him £2 for his trouble and to pay for the furniture, and he was going to take it to Thomas Connolly's, a great friend of his, to warehouse it—I asked him for a receipt, but he would never give me or my husband one—he said he would see to the business—the £2 which I gave the prisoner on July 7th was for the warehousing and to remove the furniture—on August 4th I took three unfurnished rooms at Drayton Park at Us. (id. a week—I wanted some furniture, and I went to see the prisoner in the City—I asked for my furniture; he said he would let me have it when I was ready—I showed him the receipt for the rooms, to show that I had them and should require my furniture—I next saw him
on August 11th, when my husband asked him if he would see to the rooms; he said he would go and get the things from Connolly—I asked him what it would cost; he wanted 10s. 6d. for Mr. Hibbard, who called over the goods, and about £1 to pay up the expenses—he had £2 13s. 6d. in all; that was to remove the goods and return them to me—I gave him the money myself; he gave me no receipt—the furniture did not arrive, but a telegram came—on August 12th I received another telegram, and I went to the prisoner's house that evening; he said he could not get the things, and was rather rude—I asked him why he had not sent the furniture; he said it belonged to him, and he was going to have it—I said, "You give me my £2 13s. 6d. back to me. please"—he asked me if I took him for a thief, or what; I said I had been all day looking for Connolly, and could find no such person—he said I had not been right in the address—I asked him to give me the address; he said it was 5, Causer Street, Islington, and I wrote it down on this piece of paper (Produced)—he said he would send me my things home next day—we ended very friendly—when Saturday came I had another telegram—I went all over Islington, but could not find Connolly—the goods did not come; but on the Monday morning a friend of the prisoner's, Mr. Weatherall, called and said if I waited I should receive my goods—I waited patiently until next day, and then I consulted-my solicitor—I took proceedings at Lambeth Police Court to recover my furniture—the first hearing was on September 5th, and was adjourned—the prisoner said his solicitor was away and he had no papers, and wished it to be adjourned—it was adjourned several times—the prisoner gave no other reason for wanting an adjournment—I continued to make inquiries—I saw Gibson; I was with a detective the first time I saw him—in consequence of what I heard. I took other proceedings in the North London Police Court, and subsequently commenced these proceedings—on September 27th I went to the prisoner's house, where I saw a black cabinet, some vases, and a palm stand—on September 30th I went to Mr. Slingsby's, at 39, Mayflower Road, Clapham—I saw several of my things there—I value the goods which I claim from the prisoner at about £3; I bought them in for £2.
Cross-examined. I do not know that before March 23rd the prisoner had rendered my husband considerable services—I know my husband did not owe him a considerable amount of money—I do not know that the prisoner was put down as a creditor in my husband's bankruptcy for £20—I was not present when my husband gave evidence before the Official Receiver—on the day on which the first lot of furniture was removed I arranged with the Official Receiver to purchase a further amount—he agreed to accept my private offer of £2—I gave it to my husband, and he passed it into the hands of the prisoner, who passed it to the Official Receiver—I do not know that the receipt in the hands of the Official Receiver is in the prisoner's name—the arrangement was not that we should have the things back if we paid the prisoner—this list represents the goods which were purchased on my behalf for £2—all these goods are mine—the curtains went away in the first lot; that is a mistake—the hearth-rug is mine, and the couch in American cloth—
not make a list of the furniture taken on March 21st; I loft it to my husband—everything was taken to Gibson's and warehoused in the prisoner's name—lie was told to put them in my name by the official receiver—he had nothing to do with the second jot: he merely paid the money for my husband—I do not know what he paid Gibson—I have never seen the receipts—I have only seen Gibson when I went to him with the detective—the prisoner never told me that he had taken the furniture to Connolly's—he only said he was going to—the day he came and took my £2 he said he was having them called over and was going to have them removed—he came for the money to bring them buck—he did not say he owed £2 13s. 6d.—I gave him that in a public-house in the City to go and get the things and pay for them—he suggested that he wanted £2 13s. 6d. to pay Connolly—he wanted 10s. 6d. for Hibbard—I said, "You will require a few shillings to give the men some beer; there is £1 for your expenses and trouble"—I said, if he did not want it all, he could keep it—I do not know what the charges were—on August 12th I went to his house and asked for my furniture, and he said it belonged to him—it did not belong to him—I was not asking for the first lot, but the second lot—I asked for the £2 13s. 6d. back—I should not have been satisfied with that; I wanted my money and my things—we got friendly when I left; he was a bit sharp and rough at first—I never made inquiries of Gibson as to where the furniture was—I had an idea that it had gone there. but I trusted to the prisoner—I know now that the furniture was moved from Gibson's on August 4th—I took proceedings at Lambeth Police Court for detaining the furniture—I did not regard it then as a criminal offence—I wanted my furniture as I want it now—I produced a list at Lambeth Police Court—my solicitor withdrew the summons—I did rot make out a list at Lambeth Police Court—my solicitor had all the lists—on September 15th a small quantity of goods was sent to me at my house—not a large quantity, a washstand and a few chairs, in a very dirty and dilapidated state, some of the things in this list—there was a coal scuttle and shovel, bath, mortar and pestle, towel stand, pictures, kitchen "hairs, and bookcase—if you have some fireirons in the list I had them also I want the remainder—I did not receive any more on October 8th-a four-wheeler came to the North London Police Court, but I have not got anything—there were some things on the cab—on October 8th all my goods had not been returned—I value the remainder at £3—I want nine brass gas brackets—they were all new—I bought all these things from the Official Receiver for £2—I want some copper frying pans and 32 brass stair rods and some oilcloth—three-quarters of the goods were not returned to me by October 8th, only about one-quarter—I have not got a list of the things which I want now—there are some cooking utensils.
Re-examined. On September 13th nothing was said about the return of any other goods—I do not know if the goods which came to the Police Court were sent by Mr. Slingsby—they wore not delivered to me—when I went to Mr. Slingsby's with the detective I saw some goods of mine—
some mats, and a fender, hath and screen belonged to me—they were never delivered to me by the prisoner—at the prisoner's bouse I saw some other goods of mine—I never arranged with the prisoner that I was to return the goods to him if I paid him £2—I was never indebted to the prisoner.
FRANK FREDERICK HOLLENBY . I am a clerk in the Accountant-General's Department of the G.P.O.—I produce a telegram—we keep them for three months (read) "Rey, 54, Bryanstone Road, Drayton Park. Goods coming possibly Monday afternoon. Cannot to-day.—Sims. "
ALFRED DEL REY . I am a City clerk, and reside at Stamford Hill—I know the prisoner's writing—he wrote the writing on the back of this telegram—I knew him at the commencement of this year—I was unsuccessful in an action—I could not pay, and a receiving order was made against me—the prisoner promised me £20 to put me straight—I gave him a bill for £23, £5 being for commission, and he said he must take the furniture for security—he had the furniture, but I never got a penny—on March 22 he came to the house and took what furniture he liked—he took it away on the 23rd—it went to Gibson's—some furniture was left in the house—the Official Receiver made a valuation, and we heard we could buy it—I gave the prisoner £3 to buy it for my wife—he came back and gave me £1, as he had bought it for £2—he bought it in his own name—I had to give him the £1 for his services, and I had to give him 10s. or 12s. afterwards for his trouble—he said he would see his solicitor, Mr. Swift, and have a proper receipt for it, and that the inventory of the furniture must be stamped—I waited a few days; then he said he wanted 10s. for the stamping of the invoice—two or three days afterwards he said he went to Swift to stamp the invoice, but they would only stamp documents for 10s., then he went to Somerset House, but they shut the door in his face—I saw the furniture before it was taken to Gibson's—the prisoner said Gibson had been in a trap to his house and annoyed his wife, and the furniture would have to be removed at once, as Mr. Gibson did not want to give it room at his premises—that was on July 7—I saw the prisoner again and proposed that as my wife was getting better from the accident she had had I should like to take the things to some repository in Holloway Road—he said a great friend of his, named Connolly, who lived in Islington, had a repository and was going to take the things and keep them for a time—I was. present when my wife paid the prisoner £2 to pay Gibson for housing the goods—the next thing was that we took some unfurnished rooms in Drayton Park—we saw the prisoner and told, him we had taken the rooms and required the furniture; how much money did he want?—that was on August 11th—he said he required £1 to pay Connolly for warehousing the furniture, 10s. for a man to check the furniture, then he wanted £1 for himself; that is £2, 10s., and 3s. 6d. for drink for the men. making £2, 13s. 6d.—my wife gave it to him in front of me—we did not seethe goods that night—we were in the unfurnished rooms waiting for it—we got this telegram instead—I went to the City to try
and find him—I received a letter in which he said I was to meet him—I went to the City but could not find him—I went to his private house at Brixton but found he was not there—I fetched my wife, and we went there at night. and waited till he came—my wife asked him what he had done with the furniture, and said that we had done everything to find Connolly, but could not find anyone of that name—he said it was all right, he was not going to steal the furniture-my wife asked him to give her the address—he said he had no pencil or paper—my wife made this note (Produced) against the wall—the prisoner promised the furniture would be in the house by the next day—we never found Connolly.
Cross-examined. The prisoner has never exactly done me any services—he did not interview Messrs. Crump and Co. with regard to the recovery of some money—I never asked him to assist me in any way—I never had a penny from him—I did not owe him £25 on March 23rd—I put him down as a creditor for £25—I swore to the Official Receiver that I had paid him—it was not. true—I know that it is perjury—I filed my petition on March 23rd—some of the furniture was removed that morning, not the bulk of it—I value the first lot at £50, the amount of furniture left in the house was about £7 worth—the Official Receiver said the value of the second lot of furniture was £2, and why did not my wife get the money, and buy it herself—I thought it was very kind, I was bankrupt, and did not know I could buy it myself—I am not a lawyer—I never told the prisoner to buy it for £2 in his own name—he did so, and I remonstrated with him—I was employing him as my agent—I did not ask the prisoner to buy it, and say I would buy it back from him afterwards—I gave him no instructions—I saw the receipt five minutes after he got it, because I was waiting for him in the George—it was not given to me—the prisoner had every scrap of paper—he only gave it to me because I 'asked him—I had it for about 10 minutes, I took a copy of it, the original purported to show that the prisoner had bought the goods for himself—that is true, but I never told him to do so—he was supposed to take them to Connolly's—£2 was paid to him, for him to pay Gibson's charges, which I knew amounted to £5 18s. 6d.—I never paid them—I do not know that they were paid by the prisoner—I knew Gibson's address, and I knew that my furniture had gone there—I never asked Gibson what had become of it—I eventually took out a summons at the Lambeth County Court for detention—it was withdrawn because they said the goods had been stolen—criminal proceedings were taken, and on September 15th I received some furniture back, but only a lot of rubbish, about 15s. worth—my furniture cost over £150—I have not received most of the things that I charged the prisoner with stealing.
Re-examined. I subsequently explained to the Official Receiver the circumstances under which the prisoner was put down as a creditor—the prisoner said the £2 13s. (id. was to pay Connolly with—he said Connolly had the goods—the £2 worth of goods had nothing to do with those removed on March 23rd.
of 37. Leswin Road, Stoke Newington—on March 23rd I removed some furniture from Bayston Road to my warehouse—later I removed some more furniture from the same house to my warehouse—I do not remember the date—in July the prisoner called on me on several occasions—I received a letter from him, and on August 2nd, at his request, I removed the goods that I had been warehousing to his house at 30, Mayflower Road, Clapham, which is Slingsby's address—this is the prisoner's receipt—I was paid for the warehousing before I moved them—I never said anything to the prisoner about desiring that he should remove the goods—so long as the charges were paid we did not mind keeping them—from March 23rd to the finish I was paid £3 8s. 9d.—I am well known as a mover of furniture and a warehouseman—I have never heard on anyone named Connolly in the business.
Cross-examined. I first received instructions with regard to the first lot of furniture on March 23rd—I was paid from time to time for the housing of that—it was there in the prisoner's name—I was paid for that—I had written instructions to remove it for the prisoner—it was done quite openly, and was paid for by cheque—I sent receipts in due course—I took the things to Slingsby's.
GEORGE SLINCSBY . I reside at 39, Mayflower Road, Clapham, and am acquainted with the prisoner—I have known him for about three years—I bought some shares from him. and a piano—I gave him £3 on account of the piano on the night I bought it, which was July 19th.—he never asked me to buy this furniture—Gibson delivered it at my house—I went to Gibson's place, and he would not deliver the piano unless the whole of the furniture was cleared—I paid the £3 on the piano, and said to the prisoner, "What is the difference, why do not you pay the man and get the furniture away?"—he said ho could not—I paid Gibson the £2 which was owing, and the furniture was delivered at my place—I gave him a cheque for £2—I trade as Bishop and Elstoff—arrangements were made for storing the goods for a time at my place at 12s. a month—certain goods were delivered to M. Del Rey—the others are at my place now—part of them were taken to the Police Court—I still have some and some the police have—18s. or 19s. is still owing to me for warehousing—I did not hear that there was a charge being made against the prisoner—I did not send the things to the Police Court—I take it that the things that I have got. belong to the prisoner—I have advanced him small sums of £1 and 10s.—it comes to £4 10s., I believe.
Cross-examined. All the furniture was in one lot—I bought the piano for £7—I never made any claim with regard to the goods sent to the police Court—the prisoner said part of them were probably going to be returned to Mrs. Del Rey—I advanced money on the goods which belonged to the prisoner.
By the COURT. The goods were removed from Gibson's because he said all the goods must be taken if I took any, and that he must be paid; to get my piano I took them all—I was very ill at the time; I had an operation on my throat.
CHARIES TOBUTT (Deters). I took the prisoner into custody at 39. Grantham Road, Clapham—I told him I should take him into custody for stealing certain furniture belonging to Clara Del Rev on a date in March—he said. "All right, then I will go with you"—on the way to the station he said. I do not see how I could steal my own goods, they wore warehoused in my name"
Cross-examined. believe the prisoner bears an excellent character—the goods were brought to the North London Police Court—I do not know who by—Mrs. Del Rey saw them—I do not think she said anything about them.
The Prisoner's statement before the Magistrate. "I only wish to say I am not guilty, but as I have not had an opportunity of cross-examining Mr. Slingsby, and I understand that your Worship has decided to send the case to the Sessions, I am advised to give my evidence and call my witnesses there. I bought the goods and considered them my property. Had it not been for the scurrilous post card sent by Mrs. Del Rey to my house, and Mr. Del Key maligning me around the city and my house. I should have given her the furniture. I shall be able to prove my innocence and show that I was always willing to give Mrs. Del Roy the goods to help her. I have neither pledged nor sold any of this furniture to Mr. Slingsby or any other party, but explained to Mr. Slingsby that I was going to let Mrs. Del Rey have them. I believe Mr. Slingsby will corroborate this when cross-examined. I call no witnesses here."
The prisoner, in his defence on oath, said that he had done work for Del Rey. who had paid him money: that Del Rey now owed him money, and had given him the furniture as security for money lent and money owing: that he (the prisoner) had been set down as a creditor for £25 in Del Rey's bankruptcy; that he took the furniture to Gibson's in his name, but he had no control over it, the Del Reys being able to do what they liked with it: that he had paid the charges: that he also bought the second lot of furniture from the Official Receiver for £2; that the arrangement with Del Rey teas, that after he had pulled himself together after his bankruptcy, he was to hare the furniture back and the prisoner the £2: that Del Rey had had the receipt for two or three weeks, and did not object to its form: that he (the prisoner) did not send the second lot of goods to Gibson's: that the Del Reys had never paid him £2 at a time as they could not afford if: that he knew Conolly as being connected with a furniture dealer, and fold the Del Reys that he would see if he was (he best man to take the furniture to: that he had never said he had taken if there: that it was always at Gibson's till it was taken to Slnigsby's that the Del Reys could have got it if they had gone to Gibson's, who was only 150 yards from their house: that he had not sold or pledged to Slingsby's any of the goods claimed; that he was always prepared to return them, but had not been able to as. owing to Slingsby's illness, he could not get them, and also because he could not get a van on several occasions when he fried to.
the police—there are no books in their possession—the gas brackets and fittings are now in the house—we have also some ornaments and six pictures.
GEORGK SLINGSBY (Re-examined). I have the gas brackets in my possession—Mrs. Del Rey has the two ornaments—I do not know if the police have four of them—the kitchen table went with the first lot of things to Mrs. Del Rey.
NOT GUILTY .
MR. B. R. MURPHY, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. WOODGATE and MR. NICHOLSON Prosecuted; MR. JENKINS Defended.
WILLIAM BURRELL (Detective Sergeant X). I have compared these copy certificates of marriage with the originals—they are correct—I arrested the prisoner on November 10th, 1904—I read the warrant to him—he said, "I thought my wife was dead"—I said, "Give me the name and address of the person who told you your wife was dead"—he said, "I cannot; I was down at Bath, two years ago when I was told; I see now that I have made a mistake in not making proper inquiries to find out; but still, I did not want anything more to do with her; I did not trouble to find out"—when charged he said, "I thought she was dead"—he was married to his real wife on October 28th, 1895—I did not know Susanna Goldsmith before she laid the information.
Cross-examined. Susanna Goldsmith is described in the certificate as a spinster—from enquiries I have made, I believe she was not, because she had a child—she was not living with another man—the child was illegitimate—that would not prevent her being a spinster—she has not gone through the form of marriage with anyone else that I know of.
Re-examined. The child was born about four years ago.
FREDERICK EDMUND DAVIS . I live at Bath—I remember being present as best man at a marriage in 1895 of the prisoner with Edith Hawkins—his wife is living now in Bath—the prisoner has never asked me about her—I do not believe he knew my address.
Cross-examined. I did not see much of them after their marriage—I do not know whether she left him—I know the prisoner left Bath; I. should say about 12 months after.
LOUISA MARY DAVIS . I am the last witness's stepmother—the prisoner is my brother—I remember his marriage in 1895—his first wife left him after living with him for about twelve months—she is a cook—the prisoner went into lodgings and afterwards joined the Imperial yeomanry—he never asked me where his wife was—it was easy to find her.
Cross-examined. The prisoner stayed in Bath till he joined the Imperial Yeomanry—I urn quite certain of that.
The prisoner here slated that, he was guilty, and (he Jury found that verdict. A conviction of felony at Greenwich was proved against him. Six months' hard labour.
THIRD COURT.—Monday, December 12th, 1904.
Before Mr. Common Serjeant.
(74.) THOMAS BROWN* (31) to obtaining from Louisa Bell 12 fish knives and 12 forks, from Sidney Philip Thomas a dressing case, and from Frederick Paul Inch a watch; also to obtaining credit from the said persons by false pretences; having been convicted of felony at Plymouth Quarter Sessions on April 4th, 1902, in the name of Phillip Henry Kendell. [Pleaded guilty. See original trial image.] Twelve months hard labour.
THIRD COURT, Tuesday, December 12th, and
FOURTH COURT, Wednesday, December 14th, 1904.
Before Mr. Common Serjeant.
77. ISRAEL MAGNUS (44) PLEADED GUILTY to receiving five bags of sago and a case of figs, the property of Henry Streeter; also to receiving a bag of rice and 26 cases of condensed milk, the property of Frederick Cornelius Bevington, knowing them to be stolen; having been convicted of felony at this Court in December, 1896, in the name of Oscar Magnus. Five years' penal servitude. —
78. ALFRED BALDERSON (47) to obtaining by false pretences from William Arthur Smithe, certain valuable securities; also to obtaining from the London and Westminster Loan and Discount Company a cheque for £200 by false pretences with intent to defraud. [Pleaded guilty. See original trial image.] Nine months' hard labour. —And
MR. C. W. MATHEWS Prosecuted; MR. PURCELL Defended Sacker.
(The evidence was interpreted where necessary.)
FREDERICK BLIGH (Detective, City.) On Saturday, November 26th, about 6.20 p.m., I saw the five prisoners in Newgate Street talking together in a deep shadow about 15 yards down Warwick Lane—I was in plain clothes—the)' were all standing in'a lump—Bario was in the middle—as I approached them Bario left the others and walked into
Newgate Street: Mark Davis followed, and then the others followed him—Bario and Mark looked into No. 7, Newgate Street, and into No. 5—Mark stopped and looked back at the others, and waved his hat—three of them walked past Mark and joined Bario, and they walked to Giltspur Street—they all joined together again opposite No. 7, Newgate Street—and walked nearly as far as the Tube Railway Station, then returned to No.7—Sacker. Leman and Blackcowsky stood in a line, with their backs to the door of No. 7, which is an empty shop—Bario and Mark went into the doorway; both stooped, and appeared to be examining the lock of the door—they came away and spoke to the others—they all walked to the end of Warwick Lane—I went to the police station for assistance—I was away for about three minutes—when I came back Bario was standing in front of No. 5; the other four were walking in couples on the other side of the road till about G.30—Mark, Blackcowsky, Leman and Sacker then walked up and stood in front of No. 7—Bario was about two yards off—he then walked quickly behind them and opened the door of No. 7—the other four men were standing in front of him—Blackcowsky and Leman stepped quickly inside; the door was closed and fastened by Bario—from the way he kept his hand he seemed as if turning a key—Sacker and Mark walked towards Giltspur Street; Bario followed and joined them at the corner—the other police officers stopped them and took them to the station—Bario was searched, and on him was found this master key and this small key—I went back to Newgate Street—Leman and Blackcowsky were afterwards brought to the station—the prisoners were charged with breaking and entering No. 7, Newgate Street and No. 4, Warwick Lane—Sacker gave his address as 158, Cannon Street Road—that is near Commercial Road and about two miles from Newgate Street.
Cross-examined by MR. PURCELL. I found Sacker had lived at 156, Cannon Street Road three months before, but at the time he was living at 24a, Hassel Street, in the same neighbourhood—we have found a certificate of naturalisation for the Argentine Republic, and he is named in it as a Russian—when arrested he was walking westward; Mark was by his side, and Bario behind him a moment before they were seized—Bario spoke to Sacker—the Davises and he were all three together—when I was observing them I was sometimes on the same side of the street and sometimes on the opposite side—I went over on their side to get a good look at them—there was a fairly thick fog—they were strangers—Constable Hayward came back with me from the station—opposite No. 7 is a hoarding against the side of the Bluecoat School—the other officers were inside the hoarding—there are holes in the Hoarding but I have not examined them carefully—Sacker does not speak good English—an interpreter was called in who was not used to police-court procedure.
Cross-examined by BARIO DAVIS. What I have told the Court I myself say: my observation lasted about half an hour.
Cross-examined by MARK DAVIS. If I did not say in the Police Court about the men stooping down it must have been my omission—I" swear I aw you in the doorway.
Cross-examined by LKMAN. I did not see you enter No. 7.
Cross-examined by BLVCKCOWSKN. Apparently the two men who entered No. 7 were carrying nothing.
Re-examined. We could see clearly for 60 or 70 yards—there is a strong electric lump opposite No. 7.
CHARLES GREENOUGH (Detective, City). On November 26th I was keeping observation in Newgate Street, independently of Bligh—about 6.15 p.m. I saw the rive prisoners together—Mark, Sacker and Leman left Bario and Blackcowsky, and went to 7, Newgate Street—Sacker stood with his back to the door, an I Mark and Leman in front of him—Bario went up under the building towards the other three—Blackcowsky was on the kerb and went towards the others—Sacker raised his hat three times; Bario went to the door, and apparently opened, it with a key—Leman and Blackcowsky at once entered—Bario closed the door behind them, and put something in his pocket—he then walked across to the north side of the street—Mark and Sacker went off, walking about a yard apart. towards Holborn Viaduct—Bario followed them; at the corner of Giltspur Street Mark and Sacker had joined together, and Bario was a yard behind them—on the Viaduct the whole three joined, and Butcher and Hiyward went with me and arrested them—I said they would be charged with breaking and entering 7, Newgate Street; they made no reply—while I was keeping observation I saw Bligh in Newgate Street—I was with Crouch when Leman and Blackcowsky were arrested on the roof of 4, Warwick Lane—these tools (Produced) were found on the top floor of No. 7, Newgate Street.
Cross-examined by MARK DAVIS. I kept observation on you from 6.15 to about 6.40. from the first time I saw you till the men went in—I lost sight of you for a minute or two before you were arrested; I saw you when you joined Sacker again—when the men went in I was standing just in front of the door, looking at the fair way—you were facing No. 7, looking up at the buildings—Sacker had his back to the door, and was facing you, and was nearer the fair way—I was a matter of 2-3 yards away on the opposite side—it was foggy during the evening, but not when I saw the men in the doorway—I was secreted, so that you could not see me—I am positive you are the man who was outside the door of No. 7.
Cross-examined by MR. PURCELL. I was with Butcher, Betteridge and Ballard; all four of us got inside the hoarding from behind it—I cut a hole to look through with a penknife—Ballard was about two yards from me—I could get my finger through the hole—Ballard was on the west side of me—the fog was not thick—there was a very good light, an electric lamp was directly opposite.
Cross-examined by LEMAN. I saw you near No. 4, Warwick Lane—there was alight behind us: you were looking at the light—if we had gone back when we were on the roof we should have gone down a well about 80 feet—'he noise of something smashing stopped when we saw you on the roof—when we shouted '"Hands up" you came forward holding your hands up—I found no tools upon you.
GEORGE BUTCHER (Detective. City). I saw Greenough behind the hording in front of Christ's Hospital, opposite No. 7, Newgate Street—I made a hole in the hoarding exactly opposite and saw the five prisoners outside the door of No. 7—I am quite sure of them—Leman and Blackcowsky went in—I saw Sacker raise his hat once before those two went in—I saw Bario open the door—after Leman and Blackcowsky went in the other three walked together towards Holborn Viaduct as far as I could see them—I could only see a few yards.
Cross-examined by Mark Davis. You were at the door of No. 7, and when the two men entered you were facing the premises with your back to the road—I did not see you in the doorway—when I looked through the hole I distinctly saw you.
Cross-examined by MR. PURCELL. When I got inside the hoarding I was exactly opposite No. 7—I was on the left hand side of Ballard and Greenough—Greenough was nearest to me on the west side—a uniform man was on my east side—the night was foggy, but the fog cleared off occasionally.
THOMAS BETTERIDGE (Detective, City). When Bligh came for assistance I went with Greenough behind the hoarding—I saw the five prisoners on the other side;—I saw Leman and Blackcowsky enter No. 7—I saw Bario do something to the door, he apparently opened it with a key and closed it after them—Sacker and Mark were in front of them—after Bario had closed the door he came across the road towards me—Mark and Sacker crossed the road, going in a slanting direction towards the west—I saw Bario come across the road—I could only see the others a very little way.
Cross-examined by Mark Davis. Greenough, Ballard, and Butcher were with me and another man in plain clothes, I cannot remember his name—there were five holes in the hoarding, we had one each, I cannot say how much the others could see—I was almost immediately in front of No. 7—I saw you with your back towards the doorway and facing the hoarding at the time the men entered—you were there for some minutes, but you were never quite stationary—I saw you altogether for several minutes, or within touch of each other.
Cross-examined by MR. PURCELL. I was looking through a hole in the hoarding, stooping, close to Greenough, for about ten minutes—there was a slight fog which became denser later 'on, but remained about the same during the ten minutes I was watching—there was a very strong light.
WILLIAM BALLARD (Detective, City). I was at the station when Bligh came for assistance—I went behind a hoarding, and saw the five prisoners—Leman and Blackcowsky went into the house—I saw Sacker raise his hat three times—Bario unlocked the door—he locked it after the two men went in, and put something in his pocket—he came across the road towards me, Sacker and Mark walked towards the Viaduct—when Sacker raised his hat three times he was standing pretty well in the centre of the footway with his back towards the door of No. 7.
Cross-examined by Bario Davis. I was looking through a hole in the
hoarding—the traffic is very quiet about that time. between 5.0 and 5.30 on a Saturday afternoon.
Cross-examined by Mark Dan's. I am certain I saw you standing outside the door, and on the foot way looking towards No. 7—you were covering the men who went in—they did not take more than a couple of seconds to enter—I saw the men standing together a few minutes.
By the JURY. There was a slight fog, but I could discern a person distinctly within forty yards, or across the road, owing to the brightness of the electric Lamp that I was standing under.
Cross-examined by MR. PURCELL. I cut a hole in the hoarding to look through, nearly an inch in diameter, but extending downwards—there was a slight fog—it remained about the same—it was not a thick fog.
JESSE CROUCH (City Police Officer). I was in Newgate Street on this Saturday at 5.40—I saw Mark on the south side of Newgate Street, the same side as No.7—he was alone, opposite No. 0, with a cigarette in his mouth, looking up at the windows of No. 6—then he went to the Holborn Viaduct Tavern—Bario joined him near the tavern—I kept Bario under observation—he went up Giltspur Street, then into Newgate Street, on the north side towards the Tube Railway Station—he crossed to the south side and went as Tars Warwick Lane—I went to the police station—I was a short time there—as I was leaving the two Davis's and Sacker were brought in—I found on Bario these two keys—the large master key fitted the shop door of 7, Newgate Street—the small key opened the padlock on the side door—we went to the top floor—we found the window of the water closet open, and this rope ladder (Produced) attached to the pipe of the flush cistern inside—Ballard went down the ladder—I went to No. 3, Warwick Lane—as we got on to the roof of Cutlers' Hall we heard a smash as if of glass—we found slates had been removed,-making a hole 3 feet long by 18 inches broad, on the roof of No. 4, Warwick Lane—we shouted "Hands up"—Leman and Black-cowsky put their hands up—when I first saw them they were stooping over the hole—Leman said, "All right. I will tell you everything"—we took them into custody—Sacker gave his address, 158, Cannon Street Road—on Sunday, November 27th, at 11 a.m., I went and searched No. 7 Newgate Street—in the front room of the top floor, under the floor boarding, I found these instruments (Produced)—also a piece of soap, a bull of string, and this piece of bread, which was then quite fresh—also a bottle of brandy on the top of the cistern—the name "Crossley" is on the bottle—I have enquired at No. 80. Commercial Road—there are no Messrs. Green and Company known there—under the slates there were unbroken boards—on Sacker we found the keys of his boxes.
Cross-examined by Bario Davis. The key that opened the front door would enable you to pass to any part of the building.
Cross-examined by Mark Davis. I saw you twice in Newgate Street on that Saturday evening—you walked to the south from the north side with a cigarette in your mouth, looking up towards No. 6 warehouse the
first time, and the second time I saw you at. the corner of the Viaduct Tavern.
Cross-examined by MR. PURCELL. On Sacker was found 30s. in money, and some keys of boxes—I do not know who brought the interpreter Muller to the station—he did not interpret after the first hearing at the Police Court.
Cross-examined by Leman. did not see you carrying a parcel—you could have returned from the roof to where the tools were by using the rope ladder, which was about 16ft. long.
HERBERT HINE (City Defective Sergeant). I was with Crouch when Leman and Blackcowsky were arrested on the roof—on Monday morning, November 28, I examined the roof at the rear of No. 5. Warwick-Lane—at the bottom of the well between the houses, and close under where they were arrested, I found one of these two master keys—it opens the front door of No. 7, Newgate Street—I also found this cord and this telegraph wire—the wire had bean cut from a wire which had crossed the roof recently—there were five rows of slates which had been recently removed, leaving a hole three feet long by about eighteen inches wide—no hole had been cut through the boards below the slates.
Cross-examined by Leman. The telegraph wire had been cut close to where you were arrested—the hole in the roof was immediately opposite—there was probably two or three feet between you.
ANTON MULLER . I am an hotel porter living at 103, Rotherfield Street, Essex Road, Islington—on Saturday evening, November 26, I was sent by the manager of the hotel to Snow Hill police station, where I interpreted the charge to the prisoners, and their answers—they were charged with breaking and entering No. 7, Newgate Street, and 4, Warwick Lane—Bario only made three "Humphs" to me—Mark said something which I did not catch—Sacker said, "Can I speak to you?" in Yiddish—the inspector said, "Yes," and Sacker said, "I have only come along to ask the way to Cannon Street"—I said, "It is rather funny you should ask the way to Cannon Street of people in the street"—he said, "Because I know them," but the other men, he said, he had never seen in his life before—he said he was quite innocent, and added "I have been months in London"—I said, "If so, why don't you say where you have been living?"—he said, "At several places," but he did not describe them to me.
Cross-examined by MR. PURCELL. A gentleman came to the hotel for me—he was in plain clothes—I did not know him—I understand a little Yiddish, and a good deal of German—I came from Dresden—a man standing near wrote down what Sacker said as I repeated it in English—Sacker told me in plain German that he was a Spaniard—I am sure that he did not ask for Cannon Street Road—no Yiddish was mentioned—at the second hearing at the Police Court I was missing—the officer Hine wrote down what I spoke in English of what Sacker said—it was read over and I signed it—this is the document I signed which was written by Hine—(The original statement was called for, and a book produced containing the entry "Daniel
Sacker" in pencil inked over, then crossed out, then "I was with another man" crossed out. and 'I only asked some question of Mark Davis; such cad such a question; I have been three months in London; I am a Spaniard")—that is wrong—(Another document was produced)—this is right: "Statement made at Snow Hill police station. City, on the 7th day of December, 1904"—Anton said, "I am an hotel porter, and reside at 103, Rothcrfiold Street. Essex Road. Islington. On Saturday, the 26th of November. I was called to Snow Hill police station to interpret the charge made by the police against the above named persons, viz.: breaking and entering No. 7, Newgate Street, also No. 4, Warwick Lane, by removing slates from the roof. Bario Davis replied, Humph.' Mark Davis said, 'I have nothing to do with them.' Daniel Sacker said, 'I do not know the two men on the top of the roof; I have never seen them before; I asked the Davises the way to Cannon Street because I know them, and I have no friends in London. I am innocent; I am a Spaniard; I have been in London three months, and I have lived in several places"—Moses Blackcowsky and Eli Leman made no reply—Sacker did not give his address in my hearing.
Cross-examined by Mark Davis. I did not take any interest in what you said because you spoke English.
Cross-examined by Blackcowsky. You said at the police station later, "I was under the lamppost still. "
HERBERT HINE (Re-examined.) After the charge had been interpreted to the prisoners I asked the interpreter what was said, and wrote it down in the statement—the interpreter was very excited, and it was difficult to get the answer.
Cross-examined by MR. PURCELL. I only took down Muller's words of what Sacker said—a good deal more was said.
FREDERICK WENSLEY (Detective Sergeant H.) I know all the prisoners—I have seen them together on and off from time to time for three or four months in the neighbourhood of Commercial Road, White-chapel—on Friday, November 25th, I was with another officer when I saw them all together in the Commercial Road, outside Shapiro's restaurant—I have had them all under my observation—Shapiro's restaurant is a house chiefly used by foreigners, and is about ten minutes walk from Cannon Street Road—Hassell Street is the next turning.
Cross-examined by Mark Davis. I saw you about 7 p.m. with your father and the other three prisoners.
Cross-examined by MR. PURCELL. I have seen them all together during the last three or four months, and with another man named Quaite, who probably lives in Jubilee Street, and may own a barber's shop.
Cross-examined by Leman. I am sure I saw you on the Friday between 6.30 and 7 p.m.—Mrs. Davis is in court.
Cross-examined by Blackcowsky. I have seen you with the other prisoners at various times.
ALFRED PYE (Detective H.) I know all the prisoners—I saw them all together on Friday, the 25th, outside Shapiro's restaurant, I think between 6 and 7 p.m.—I had seen them together before for two or three
months in the neighbourhood of Commercial Road and Whitechapel—I kept observation outside Shapiro's restaurant—I saw Sacker join Bario Davis and walk to the corner of Commercial Road and Whitechapel Road—they took an omnibus, and I got on also, and rode to Oxford Street, where they got down and walked through two or three turnings to Berwick Street—T have seen Sacker with Leman and Blackcoweky, but more often with Bario Davis at foreign restaurants—another man I know was with them on a Friday—I have seen them together and in company with other men.
Cross-examined by Mark Davis. I was with Wensley on the 25th when I saw you with another man I know well—I knew you by name—I knew each man's name—I heard of your arrest the same evening.
Cross-examined by MR. PURCELL. I was keeping observation with. Wensley sometimes—I saw these men with others—I was warned to come here on Monday—I heard of the arrest on the Sunday.
JAMES GODVY CROUCHER . I am a clerk to Jones, Lang & Co., Land Agents, 3, King Street, Cheapside, E.C.—we had the letting of No. 7, Newgate Street in November—on November 14th the keys of No. 7 were handed to a man who came and gave the name of Green & Co., of 80, Commercial Road, to view No. 7, Newgate Street—the keys were brought back the same day—no other application was made afterwards to view the house, or for particulars—I made an entry in our book, and handed over the keys myself—I could not recognise the man who applied, we have so many applications.
WILLIAM GEORGE HEATH . I am a warehouseman employed by Richard Ash worth and others, carpet warehousemen, of 4, Warwick Lane, who trade as A. B. Humphreys &Co.—they occupy the whole of the premises, and carpets are stored there—we close soon after 1 p.m. on. Saturdays—on Saturday, November 26th, I left the premises in good order soon after I—other people were there after me preparing to close.
Cross-examined by Leman. I found things in disorder on the Monday morning.
MR. PURCELL submitted there was not sufficient evidence of breaking and entering, but only of the attempt, and the Court upheld that view.
Bario Davis, in his defence on oath, said that a man named Jacobs came to lodge with him, and afterwards took him to this warehouse for some goods which he wanted stored in Little Alie Street., that he went with him to the warehouse believing he had a right to go there, as he let himself in and closed the door after him, and that he employed Leman and Blackcowsky to assist him as they were poor men.
Mark Davis, in his defence on oath, said that he went to look for his father, when he was asked by Sacker the way to Oxford Street, but that he knew nothing about the robbery.
Evidence for Mark Davis.
mid-day—it might have been about four or five o'clock—I cannot fix it—I am unable to see the clock—we did not have our dinner yet—when my son left the house we had dinner by ourselves—he left the house before dinner, about five or six o'clock—that was the last I saw of him that day—nay husband was absent, and I sent ray son to look for him—when my husband was at home he said "I have to go and see a man," and he dressed himself—almost immediately I sent my son after him—my son refused to go, but I began to be—cruel, and induced him to go after his father.
Cross-examined. We had boon living in Arbour Square, but were then in Hutchings Lane.
CARL WAITZ . I live at 21, Newbolt Street, Commercial Road—on November 26th I saw you at 26, White Horse Lane, Mile End, about 4 p.m.—that is where your family live—your mother sent you to look for your father.
Daniel Sacker, in his defence on oath, said that he was going to keep an appointment at the Cafe de I'Europe, and asked his way to Oxford Street. but he knew nothing of the prisoners who were found on the roof.
Leman and Blackcowsky, in defence, said they were employed by Bario Davis to assist him as they were poor men and wished to earn a little money, that they were afraid, and got on the roof, when they suspected something was wrong, but they were innocent.
Bario and Mark Davis and Sacker received good characters, but Bario and Mark Davis admitted a conviction of conspiring together and with others to break into houses in Dublin, for which they were sentenced to two years' imprisonment.
BARIO DAVIS, MARK DAVIS, LEMAN, and BLACKCOWSKY— GUILTY .
Leman and Blackowsky pleaded guilty to previous convictions at Clerkenwell, Leman on March 8th, 1904, and Blackcowsky on December 30th, 1901, in the name of Beaszon. Two years' hard labour each.
SACKER NOT GUILTY .
FOURTH COURT.—Tuesday, December 13th, 1904.
Before J. A. Renloul, Esq., K.C.
81. WILLIAM DYBALL (19) and FREDERICK WREN (18) PLEADED GUILTY to stealing a set of harness, a van, six chests of tea, and a cask of syrup, the property of James Nolan, DYBALL† having been convicted of felony at the Mansion House on July 20th. 1903. Six months' hard labour each.
MR. GREKNFIELD Prosecuted.
CHARLES HOUCHKN (123 K.) I was on duty at 12 p.m. on October 30th in East India Dock Road, when the prosecutor came up and made a statement to me—in consequence I went to 3, Greenfield Street, where I saw the prisoner in a back room—I had to shove the door to get in—I
asked him if his name was Moss; he said, "Yes"; I said, "I am going to take you into custody for stabbing John Ayres"; he said, "I am the man who did it"—he was taken to the station, and charged with maliciously cutting and wounding—he was sober at the time—this large knife (Produced) is one of two knives which Griffiths produced at the Police Court.
JOHN AYRES . I am a costermonger, of 16, Ellithorpe Street, Poplar—between 11 and 12 p.m. on October 30th I was going along Greenfield Street, when I heard a woman's scream coming from No. 3—I went there, and finding the door open, I walked into the passage, where I saw the prisoner and Eliza Kirkham, who was the woman who screamed—the prisoner stabbed me on my chin, then on my chest and shoulder, and as I was going out he stabbed me just above the lungs in my back—directly he saw me he stabbed me—I had known him before—I went to Poplar police station, and from there to the infirmary—I was attended to for a fortnight.
By the COURT. I did not attack the prisoner in any way.
Cross-examined by the prisoner. There were two other men outside at the time the woman was screaming, whom I know, but I do not know where they came from—I went in by myself—I was not drunk—I had only had one fight with you before this—I did not come up and strike you at your stall once.
THOMAS GRIFFITHS . I am a costermonger, of 75, Guildford Road, Poplar—between 11 and 12 p.m. on October 30th a friend of mine and myself were coming out of the Railway Tavern when we see a mob of boys at the corner—we went over to see what was the matter, and into Greenfield Street—we then heard Ayres and the prisoner jangling in the front room of No. 3—all of a sudden Ayres came running out, and said "Moss has stabbed me with a knife,"—he was bleeding from his chin—I went into the house and asked the prisoner, whom I knew, for the knife—he said he had not got one—I said, "Give it to me"—he said, "Do not give it to them, sling it," and handed me this knife (Produced,—he then said. "I have got another knife" and he took this smaller knife (Produced), which was unopened, from his pocket and put it in a drawer—I took the first knife to the police station—Eliza Kirkham, whom I know, was there at the time, and said the prisoner had been knocking her about, which he did not deny.
Cross-examined. You did not say when I asked you for the knife,. "What have I done? I never intended to do him any grievous bodily harm. Let him lock me up. I did not know that I had a knife in my hand. "
By the COURT. I was not waiting outside for the prisoner to come out and fight me with some other men.
GEORGE JONES . I am a factory lad, of 40. Willis Street, Poplar—late at night on October 30th I was in Greenfield Street, when I heard Eliza Kirkham, whom I know, screaming from No. 3—I then saw Ayres go in to assist her—I heard the prisoner say he would stab the first one that came in—I went in and. saw the prisoner stab Ayres in the chin, and as
he turned his back to go out the prisoner stabbed him in the back—I did not see Ayres strike the prisoner, or a fight of any kind.
Cross-examined. A long while ago Ayres sent me to you while Mrs. Kirkham's baby was being buried, with a message that your brother wanted you, and when you came back with me Ayres set on you—there were no men there—I saw Ayres kick your door open once.
HENRY JOSEPH O'BRIEN . On October 30th late at night I examined the prosecutor and found four wounds upon him which had been stitched up at the hospital—there was a superficial wound on the point of his jaw, wounds on his shoulder, the top of his breast bone, and on the back of his chest, all of which could have been caused by such a knife as this larger one—the wounds on his breast and back were rather serious—there were cuts in his clothing to correspond with the wounds, and the wound in his back must have been done with considerable force—he was in the infirmary for a fortnight.
The prisoner's statement before the Magistrate. "Me and John Ayres had two fights and he got the best of me. Since then he has bashed my door and shutters in and run away. One night he came and beat Lila Kirkham. One night at my stall he struck me on my nose."
Evidence for the Defence.
ANNIE KIRKHAM . I was not present when this affair happened—Ayres came in once to protect me from you—he did not come in one night and hit me and my two children—I do not know that he hit my sister-in-law.
By the COURT. The prisoner used to be my lodger for eighteen months—he used to work for me since my husband died nine months ago—I am a costermonger.
ELIZA ANN KIRKHAM . On this night you were knocking my sister-in-law about, and I told you to leave off, and you hit me—I was not there when the stabbing took place—I did not hear Ayres come to the door and say, "Where is Joseph Moss? Fetch him out, I want to fight him"—once or twice he has bashed the door open, and on one occasion he hit me, and he also hit my sister-in-law as she was laying in bed beside her two children—I did not see Ayres that night at all—I heard Ayres on one occasion ask you to come out and fight, but I did not hear him say so on this occasion.
The prisoner, in his defence, said that he pleaded guilty to stabbing the prosecutor, but that he never intended to do him grievous bodily harm, and that it was in his own defence that he struck at the prosecutor.
GUILTY of unlawful wounding without intent. Two previous convictions were proved against him. He was stated to be a violent man. One month's hard labour.
MR. PARTRIDGE prosecuted.
JESSE CHARLES ALLES . I am a police constable in the employ of the Central London Railway—my duties take me often to Tottenham Court Road Tube Station—I have cautioned the prisoner two or three times there that if she did not behave she would not be allowed to come into the station; she acted in a disorderly manner—I was on duty there on November 11th when I saw her soon after 5 p.m., and also four or five times after that in the station—I had to eject a well-known disorderly character of the name of "Irish Girl" from the lavatory for being drunk—the prisoner was in her company—at 8.55 p.m. they rushed into the station with their clothes raised in a disorderly manner followed by a crowd—I heard "Irish Girl "say to the prisoner "I sloshed him one," and they were going into the ladies' lavatory, which is outside the barrier, when I called "Keep out there. You are not wanted in there"—as they went in I followed them—just as I entered the door I saw Irish Girl" and said "We have had enough of you." and she went off without saying any more—I saw her out of the station—I then returned to the lavatory for the prisoner, whom I found hiding behind another girl—she tried to throw herself down, but I succeeded in getting her outside into the booking hall—she struggled, and threw her hand bag down—I released her hands, and she apparently ceased struggling—she then put her hands to her hat, which was a large one, as if to arrange her hair—she then stabbed me with two hat pins, one striking me here (Indicating his stomach, a few inches from the centre line) and here (Indicating his belt)—I was wearing my tunic, a thick waistcoat, and two flannel shirts—I got her to the door—she said she had dropped her purse with a half sovereign in it, and I think I called to the clerk to give it to her—I saw a Metropolitan constable outside, I called him, and he followed me into the booking hall—when we got to the prisoner, she had this hat pin (Produced) in her right hand—I called to the constable to take the pin from her, which he did—she struggled again—this pin, (Produced) which is bent from having been stuck in my belt, was picked, up afterwards—she was then taken to the station, being very violent all the time—I said to the constable as we were going along "I am bleeding"—I could feel myself bleeding, and when I got to the station, before I charged her, I felt very sick and faint—I was examined by the divisional surgeon, and afterwards by Dr. Hallen, who dressed my wound and sent for the police inspector—I was then attended to by my own doctor—I was on the sick list for three weeks.
Cross-examined by the Prisoner. I have not seen you drunk, or use bad language, but you have been very frivolous sometimes—you had four hat pins altogether.
Re-examined. She was not arranging her hair at all in the lavatory.
THOMAS GEORGE HAMMOND . I am a ticket collector in the employ of the Central London Railway, and I was presiding at the glass box at the Tottenham Court Road Station on the evening of November 11th—I know by sight a woman called "Irish Girl"; she came in first at 7 p.m.,
and again at 8.45 p.m., accompanied by the prisoner—they rushed into the booking hall, and as they passed me I heard "Irish Girl "say to the prisoner, "I sloshed him one"—with that they went into the lavatory—the prisoner seemed all right, but "Irish Girl" was excited I noticed nothing about their clothes.
FREDERICK RAY . I am a lift man at the Tottenham Court Road Tube Station—I saw the prisoner at 8.48 p.m. on November 11th standing by the ticket box crying-a few minutes afterwards Allen came in and told her to get outside, and she went to the other side of the box—Allen said to another constable, who had come in, "Take those hat pins away from her" and there was a struggle—they struggled towards the door, and I did not see any more—about 45 minutes afterwards I picked up this hat pin (Produced) which is bent, just outside my lift—the prisoner complained while standing at the box that she had dropped her purse, but she had it in her hand all the time.
Cross-examined. This pin was bent exactly like this when I picked it up.
GEORGE LEE (162 C.) I was on point duty on the evening of November 11th, outside the Tottenham Court Road Tube Station, when the railway constable there called me into the booking hall—I saw the prisoner standing beside the rails, crying—the prosecutor said "This woman came in here and behaved in a disorderly manner, and I asked her to go out, and she refused to go, and when I was attempting to eject her she stabbed me: I will charge her; she has another hat pin; take it away from her I took a hat pin from her hand—she did not say anything when Allen said she had stabbed him—we took her to the station, where she said "I only stabbed him twice"—I saw Allen undressed, and he had a small wound on the left side of his stomach—there were also two small holes in his belt—I know "Irish Girl "as a disorderly character in the neighborhood—the prisoner was sober at the time.
ARTHUR CORNELIUS HALLEN . I am the medical officer to the Central London Railway—at 4.30 p.m., on November 12th, I examined Allen, who was in bed—I found a small punctured wound on the left side, about an inch off the middle line just over the stomach—he was suffering from shock and was vomiting—I should say the wound was about two inches deep, and was such as could be caused by a hat pin—if it had been two inches higher, it would have been over the heart—if the pin had been dirty, it might have set up blood poisoning, and there was also a risk of peritonitis—he was in bed two weeks, and went to the seaside for a week—he is all right now, but for a little nervousness—I saw his belt, upon which was a mark as if it had been caused by a sharp pin-considerable force must have been used to have penetrated a tunic, a waistcoat, and two flannel shirts.
The prisoner's statement before the Magistrate. If he had told me to go out of the Tube, I would have gone, but he did not wait for me to walk out. He said, "Are you the girl who brought her in?" and he said, "Come on then," and pulled me out by the shoulders, and pulled
me outside the Tube station. Then I pulled out the black hat pin from the front of my hat, and I pushed it into him, and I did not know where it went; I never used any other hat pin.
Evidence for the Defence.
MARIA LANGHORN . I am the ladies' lavatory attendant at the Tottenham Court Road Tube Station—I have known the prisoner since September, coming in and out of the lavatory—on November 11th "Irish Girl" and the prisoner came in and went out again at 7 p.m.—they came in again between 8 and 9 p.m., went out, and returned again—I did not see what happened outside—they were perfectly quiet in the lavatory—I did not call in the policeman to get the prisoner out of the lavatory.
The Prisoner, in her defence, said that she did not do it intentionally. GUILTY of unlawful wounding. Discharged on recognisances.
MR. PASMORE Prosecuted; MR. WATT Defended.
RICHARD WEDDEN (Detective K). On November 10th the prisoner came to the Poplar police station and said, "I want to give myself up for bigamy. My second wife keeps throwing it up in my face; she says she will put me away. I am not going to stick it any longer. I was married in 1887 to Mary Ann Halsey. There is one child of the marriage. On May 10th I was married in the name of Thomas Frederick Smith to Sarah Ann Brown"—I produce copies of the two marriage certificates—at the Police Court he handed in a statement—his first wife's maiden name was Ryan, but on her mother marrying again she assumed the name of her stepfather, Halsey.
Cross-examined. He did not say when he found out that his first wife was alive.
JANE SMITH . I live at 86, Lamprell Street—I was present at the wedding of the prisoner" to Mary Ann Ryan at St. John's Church, Bethnal Green, on April 16th, 1887—I always knew her as Mary Ann Gamgee, bat Mary Ann Ryan was her name before she married—it must be eleven or twelve years since I saw her.
HANNAH HALSEY . I have been married twice, my first husband's name being Ryan, and I live at 56, Cheyne Road, Leytonstone—the prisoner married my daughter on April 16th, 1887—I was not there at the time—it was a runaway marriage—the prisoner went to India and came back about 1898—I saw my daughter after her marriage about two months after her child was born—I saw her once before the prisoner married a second time and twice after—the prisoner came to lodge with me on his return from India, and stayed with me for about twelve months—I told him that his wife was alive and well—he came home one day and said that he had seen his wife from the top of a 'bus, but that he had lost sight of her before he could get off—he left me, saying he was
going to marry a Mrs. Brown with whom he had been living for some months past—ho know then that his first wife was alive, having seen her—I said to him, "You had better be careful what your transactions are because your wife is alive and well"—he said. "' I do not care; you will not let me know where Mary Ann is, and I shall get married on the first opportunity"—I told him that I had seen my daughter in the year that he came back from India-in 1900 he married this woman Brown—I know that ho had been cohabiting with her, as he told me before he went to India; when he said good-bye he said that he was sorry he had to go as he left her in trouble: he went as a soldier to the war.
Cross-examined. My daughter did not want to join the prisoner again on account of his brutality—it is untrue that she at that time was living with another man, nor has she been since 2—I would willingly have told the prisoner where she was. but I did not know—I have not seen her now for the last three years—she has kept her address from all her relatives so that we could not tell him—I know she is alive and well now, because she is very frequently at my daughter's in Parson's Green, and I told the prisoner that—he was acquainted with all the addresses where she used to visit as well as I—when he came back from India he did not seem in the least concerned about his wife; he only came to live with me because he was turned out of his own home—my daughter knows her husband's address from the marriage certificate.
Re-examined. My daughter needs a man in her trade to press her work, and so it got round that she was living with a man.
SARAH ANN BROWN . I am a widow, of 11, Lotham Street, Poplar—on May 10th, 1900, I went through the form of marriage with the prisoner at St. Paul's Church, Bow Common—he gave the name of Smith and described himself as a widower—I had known him some years—he joined the army in that name—I lived with him before we were married—we tried afterwards to find his first wife.
Cross-examined. On the whole he has been a good husband to me—he said he had heard his wife was dead, after a lot of searching.
The prisoner, in his defence on oath, said that the last time he saw his wife was on the night he left for India in 1891; that whilst in India he received a letter informing him that she was living with another man; that on his return he made every enquiry he could from her relatives to try and find her, but was not successful; that it was untrue that his mother-in-law had told him that his wife was alive and well when he told her of his intention to marry again; that she did not tell him that she had seen her in 1900, nor did he see her from the top of a 'bus.
NOT GUILTY .
MR. TORR Prosecuted; MR. PURCELL Defended.
in Newgate Street and told him I was looking for a porter to carry a box to my address—he offered to do it for me, so I gave him a cloak-room ticket where he could pet the box from, this slip of paper (Produced) on which is written "R. M. Robinson, 19, Victoria Road, Clapham Common," and 1s. or 1s. 6d. for himself—the address I wrote on the slip of paper was "9, Victoria Road," but a "1" has been inserted—I arrived home between 8 and 9 p.m. that evening, when I found that the box had not been delivered, nor have I seen it since—I met the prisoner four or five weeks afterwards in Cavendish Road, Clapham Common, and asked him where my property was—I accused him of stealing it, and he told me he had delivered it at 19, Victoria Road—I said "Very well, take me to the box, and I will apologise to you for what I have said if you like to come; if not, I must do something else"—we went to 19, Victoria Road, where I went in and saw Mr. Morris while the prisoner waited outside—T found the box was not there, and on coming out I told him so, when he said he had delivered the box there—I then took the prisoner to Cavendish Road police station—the box was about 2in. high and 2ft. long, and contained articles of special value to myself.
Cross-examined. I have known the prisoner 15 to 18 years, and up to this time I have no recollection of anything against him—he has of late taken more drink than food, and it has come to my knowledge recently that he is a victim to the morphia habit.
WILLIAM BRIGHT MORRIS . I am an artist, of 19, Victoria Road, Clapham—since October 22nd no box has been delivered to me by the prisoner or by anyone on his behalf at my house—I have made all possible enquiries—when Mr. Robinson came to my house enquiring for a box I gave him the same answer.
ERNEST GEORGE MILLS . I am a clerk at the Post Office station of the Tube Railway—on the morning of October 22nd a dark green box tied with red tape was left in the cloak-room—it was the only box left that day, and its number was B 2386—between 2 and 3 p.m. the same day it was taken out.
FREDERICK BLIGH (Detective, City). At 1 p.m. on November 24th the prisoner was given into my custody at Balham police station—I told him I was a police officer, and that he would be charged with stealing a box containing a writing-desk and other things—he replied, "I have nothing to fear; I have delivered the box to the address Mr. Robinson sent me to; I know nothing of the contents of the box"—subsequently at the station he handed a paper to another officer in my presence, and said, "I took the parcel to the address Mr. Robinson gave me on this paper; I handed it to a female servant at 19, Victoria Road, on Saturday afternoon after 1 p.m.; I admit having the ticket and getting the parcel from the Nation."
CHARLES MAUNDRELL . I live with my brother-in-law, Mr. Morris, at 19, Victoria Road, Clapham—in the afternoon of October 22nd my brother-in-law and my sister went out, and it is most likely that I was alone in the house—there is another lady who lives in the house, but
she is not in during the afternoon—we do not keep a domestic servant—no box was delivered.
The prisoner's statement before the magistrate: I am not guilty, and I wish to give evidence.
The prisoner, in his defence on oath, said that he had held very good positions, and up to this time there had been nothing against him: that he had recently given way to habits of intemperance and to taking morphia: that he took the box from the station. and was on his way to deliver it when he became intoxicated, and whilst engaged in conversation in a public house he found the box had gone; that he was so ashamed that he told an untruth, and said that he had delivered it at No. 19, Victoria Road, hiving altered the "9" into "19"; and that he had made, prior to his being found out and since, every effort to find the. box, but was not successful. He received a good character.
NOT GUILTY .
NEW COURT.—Wednesday, December 14th, 1904.
Before Mr. Justice Darling.
MR. RAVEN Prosecuted.
EDITH GRAHAM . I am in service at.'32, St. Mary's Mansions, Paddington—I have known the prisoner for some years, and became engaged to be married to him about four or five years ago—he was then in South Africa—I corresponded with him—if I liked him when he came back I was to marry him—in April, 1903, I saw him; I had a quarrel with him, and gave him up—while he was away he sent me £15 to take care of for him—he had it all back again at different times soon after he came back—he gave me several presents—I received this letter of November 14th, 1904; it is in the prisoner's writing—it says "Edie, I have done you know harm for you to rob me like this, but I will murder you when I do see you, my girl; I shall drop across you some day or other, I am in hope it will not be long, mv girl. You are a thief, and a dirty mare for this. I will murder you as I say.—G.H."—that is addressed: "Miss E. Graham, 32, St. Mary's Mansions, Padington"—I received some other letters, but I have destroyed them—I received this letter on November 23rd (Stating that he wished he could get held of her, but that it was only a question of time, and he would throw her into (he Thames)—on the 24th he came to the flat—I opened the door—he started abusing me and calling me names, and said he would kill me if he could get hold of me—the porter sent him away—he came again about 7.45 p.m.—he rang the bell—I went to the door but did not open it—he then threw this stone through the glass door—I could see his shadow through the door—it broke the glass and a table but did not reach me—the porter fetched the police and the prisoner was arrested.
Cross-examined by the prisoner. I have nothing of yours but some presents—if you had sent for them in a proper way you could have had them back.
JOSEPH EVANS (18 F. R.) About 8 p.m. on November 24th I was called to 32, St. Mary's Mansions—the prisoner was given into custody—the prosecutrix handed me this stone and a piece of a table that was broken in the hall—the prisoner said, "She should give me my money, the little bitch, I will do a little more than that to her yet."
Cross-examined. That was the remark you made.
By the Court. The glass of the door was thick glass—this is a lump of concrete picked up from the road—they ha been erecting some new lamps in the neighbourhood, and this stuff was left lying about.
CHARLES ANTEUP (Detective F. R.) I charged the prisoner on December 2nd with sending this letter—he said nothing—on leaving the charge room he turned round in a very vicious manner to the prosecutrix and said, "You little cow."
The prisoner. I did not say such a thing.
The prisoner in his defence stated that (he girl had some money of his, that he went to see her, but she refused to see him; that he sent her the letter, but did not mean anything by it and that he was very sorry.
GUILTY. but under provocation. Recommended to mercy by the Jury. Two convictions were proved against him. Eighteen months' hard labour.
MR. FORDHAM Prosecuted; MR. MERLIN Defended.
GUILTY . Five years' penal servitude.
THIRD COURT.—Wednesday and Thursday, December 14th and 15th, 1904.
Before Mr. Recorder.
88. HAROLD MARTIN COYNE (60) , Obtaining credit to the amount of £25 from William Coombes and £125 from Thomas Catmur, without informing them that he was an undischarged bankrupt. Second Count, Obtaining by false pretences from William Coombes £25 and from Thomas Catmur £125, with intent to defraud.
MR. LEYCESTER Prosecuted; MR. HUTTON Defended.
MR. HUTTON asked that the counts against the prisoner for obtaining money by false pretences should be quashed, on the ground that, although (he charge of false pretences was proffered at the Mansion House and all the facts were given with reference to that count, the prisoner was only committed under the Undischarged Bankrupts Act, which practically amounted to a dismissal of the count for false pretences MR. LEYCESTER submitted that the false pretences charge was never formally before the Alderman, and that therefore he could not have dismissed it. Mr. Hutton then stated that Mr. Freke Palmer, appearing for the defence against Mr. Vickery for the prosecution,
distinctly asked whether the charge of false pretences should be dealt with, and that the Alderman then said that he would only commit under the Undischarged Bankrupts Act. and under those circumstances it was within the Courts discretion whether the count for fraudulent pretences should be added or not MR. LEYCESTER suggested that affidavits should be made by both sides, including that of Mr. Douglas and that, with that view, the case should be postponed till next Sessions. With this the Court concurred.
90. ALFRED DIXON BROWN (38) and HORACE SEYMOUR MORTIMER (28) , Stealing one Daira Sanieh Egyptian Government 4 per cent. Bond for £1000, 4 Argentine 4 per cent. bearer bonds, 1897, for £100, £20, £20, and £20 respectively, a book and divers stamps, and the sum of £14 6s., the property and moneys of Thomas Joseph Tee and others. Second Count—Receiving the said property, knowing it to be stolen.
Mortimer PLEADED GUILTY to the first Count.
MR. HUTTOX Prosecuted.; MR. J. P. GRAIN Defended Brown; MR. J. W. FOWKE Defended Mortimer.
THOMAS JOSEPH TEE . I am a member of the firm of Ashley, Tee & Sons, Solicitors, of 7, Fredericks Place, Old Jewry—Mortimer was a clerk in our employment for the last fourteen years, and we had every confidence in him—on September 29th I was going through some papers with him which I had brought up from the country the night before, checking them with a register I had of them—they belonged to a deceased client of ours—amongst them were 4 Argentine Bonds, Nos. 38680, 38681 and 38682 for £20 each, and No. 22,030 for £100—they were dated 1897, and there were three unpaid coupons attached to each one—amongst them also was a book of old postage stamps worth £60 or £65—I went out to lunch, leaving the album in the safe and the Argentine bonds on the table—Mortimer went out to lunch at the same time—about 2 p.m. I returned, and missed the Argentine bonds at once, and found that the sheet in my register on which they were entered was torn out—Mortimer had gone—I gave information to the police about 2.45 p.m., and on returning and looking in my safe I found that a 4 per cent. Egyptian £1000 bearer bond, No. 158,487 was mining, which I had seen last on April 15th, when the dividend was payable, and the coupons had been detached—on the Saturday I missed the stamp album from another safe—there was also £14 6s. missing from petty cash.
By the COURT. Mortimer must have somehow possessed himself of the key of the safe containing the Egyptian bond.
Cross-examined by MR. GRAIN. He came to us as a boy, and we had no secrets from him—the £14 6s. is made up of £4 6s. which he had in petty cash, and £10 which he asked for, and which we gave him—we never had reason to complain of him, and as far as we know he was a respectable single
man living with his father—the police suggested a police notice being issued, and they issued one—we offered no reward—we gave them al the information we could as to the bonds—we did not know at the time that the album had been stolen.
WILLIAM HOLME BRYDON . I am a financial agent, of 58, Rue Defacqz, Brussels—I first met Brown in February last, in Brussels—I saw him very frequently—on May 30th telephoned me saying he had an Egyptian bond for £1,000, and could I let him have 3,000 francs on it that afternoon—I said I thought there would be no difficulty, and he said "I am going to a banker whom I know, and if I do not do it there, can I come to you," I said "Yes, but not later than 3.30"—he came round at 3.30p.m., and produced an Egyptian bearer 4 percent, bond for £1,000, saying that he had been trying to negotiate it all the morning, but that the Credit Lyonnais asked fifteen days to do it in, and other bankers wanted various times, from four days upwards—I suggested sending the bond to London, and getting the money wired over in the morning, but he said "No, I could do that myself"—I then asked him where the bond came from, and he said "From Mr. Harris, in Odessa"—Mr. Harris is a well-known engineer in the employ of the Russian Government—he also said that it had come through the Credit Lyonnais—I asked him if he had had a letter with the bond, and he said "No, but Mr. Harris wrote to me a few days ago stating that he was sending on some stuff"—we then went to Cook's, the tourist people, and the cashier there lent me 5,000 francs on it, which I gave to Brown—they sent the bond to their head office in London, with instructions to sell it, and I was to call for the balance in two or three days—I went there on the Thursday, and the cashier informed me that the head office had declined to deal with it, and the bond was returned on the Friday, on which day, at my suggestion, it was sent to Messrs. Bendon, a firm of stockbrokers in London, with instructions to sell it—£201 was remitted by them to Cook's, through Nathan, Hardy and Company, to repay the advance of 5,000 francs—I made enquiries at the Credit Lyonnais.
By the COURT. I lunched with Brown on the day after I gave him the 5,000 franc, advance, and he left for London the same night, giving me his address as the Great Eastern Hotel, and afterwards at the Tavistock Hotel—I did not see him again after that.
Cross-examined by MR. GRAIN. He stayed at Boulevard de la Senne in Brussels, and afterwards at the Hotel de Saxe—he was introduced to me by a Mr. Couverer, a manufacturer of bronze articles, whom I know as a respectable man, as wanting to borrow money on mining shares—he told me that he was a part proprietor in a colliery in. the South of Russia, and that he had been to Baku, and had floated Anglo-Russian collieries—we met very often, and I regarded him undoubtedly as. a perfectly respectable man, or I should not have dealt with this bond—I had no reason to disbelieve him when he said he had been to several places to endeavour to place the bond—I do not know that a police notice had been issued prior to this—I had not the slightest suspicion as to the bond—he remained outside, I believe, at my request, when I went in to
see the cashier at Cook's, whom I knew—one reason I asked him to do so was because he he had a tweed cap on, and was not dressed according to the ordinary way in Brussels; in fact, he did not look sufficiently gentleman: I cap give you in other reason—the reason that the cashier gave me for the London branch of Cook's refusing to deal with the bond was that I had not an account at their hank—Browa was in London, and I wrote to him telling him that I had given instructions to the cashier to send it to Bendon's—I had several letters from him afterwards, but not as to this business; I have not them here—he did not inform me as to what happened between Bendon's and himself—my suspicions were first aroused at the end of June, when the proprietress of the Hotel de Saxe informed me that Brown had never received anything from the Credit Lvonnais, and on enquiring at the Credit Lyonnais I found that he was unknown there—I wrote to Messrs. Bendon at the end of June mentioning the circumstances, and suggesting them seeing Brown and going to the bottom of the thing—I received a letter from them saying that as I introduced the business, they considered it quite good enough, and they declined to interfere in the matter.
ALBERT BENDON . I am a member of the London Stock Exchange, of 28, Throgmorton Street—on June 4th I received this Egyptian bond for £1.000 (Produced) from Messrs. Cook's, with a letter from Mr. Brydone to sell it, and forward a cheque for £201 to Messrs. Cook, which I did, through Nathan and Sons—on the same day I sold the bond to Bristowe Bros. for £1.000—on the same afternoon Brown rang us up and asked if the bond had been sold, and we told him that we had done so, and that a cheque was ready for him for the balance of £790 9s. being £l,000 less £201, £2 10s. our commission, and is for contract stamp—he said that he wanted bank notes, and we told him that it was our habit to give cheques—he then said that there was no hurry, but would we let him have £30, which we sent to him by hand in notes—on June 6th he called, and I told him that we could not part with such a large sum without making inquiries, apologising for questioning the transaction, but saying that we had to be very careful with bonds—he then told us to make all the inquiries we could, but asked us to let him have a further £30 which I gave him in notes, and he gave me a receipt for the two amounts of £30—I made inquiries which satisfied me in my own mind, and I remitted the balance of £736 9s. to his account at the National Provincial Bank at Folkestone, which he directed us to do by telegram.
Cross-examined by MR. GRAIN. I have been a member of the Stock Exchange for nine-years, and I have had many transactions with bonds to bearer—we are most careful in our inquiries before we part with, at any rate, the whole of the amount—I sold the bond Avithin an hour of receiving it, and before I parted with the balance of the money I was four or five days making every inquiry I could—Brown did not keep himself away from us at all.
June 4, 1904, this Egyptian bond (Produced) was purchased by my firm, and was sold by them on June 10th to Paul &Co.
PERCY WILLIAM CARLISLE . I am a clerk in the employ of the National Provincial Bank at Folkestone, and I produce a correct copy of the account that was opened by Brown on June 9th (Produced) with a cheque for £736 9s., which was advised to our City office, and paid to us by Messrs. Bendon—there is one other credit of £5—on June 9th, "according to instructions by telegram from Brown, we paid out £300 to the account of H. Mortimer—all the money was drawn out in August, and Brown's account was closed, we debiting him 3s. 9d. commission.
Cross-examined by MR. GRAIN. We put the actual particulars contained in the body of the cheque in the payments out in that account.
JOSEPH MILLINGTON . I am a clerk in the Commercial Bank of Sidney, at 18, Birchin Lane, E.C., and I produce a correct copy of the account of Horace Seymour Mortimer (Produced), which was opened on June 9th, with a sum of £300 by a draft from the National Provincial Bank, Folkestone.
FRANCIS RITCHIF MARSHALL . I am a member of the firm of Morgan, Marshall &Co., of 11, Queen Victoria Street, E.C., financial brokers—I first-met Brown on September 30th, about 6.30 or 7 p.m., at the Bodega, in Bucklersbury; my partner, Mr. Mackinnon, introduced him to me—he showed me these Argentine bonds, three for £20 and one for £100 (Pro-duced), and asked us what we could let him have on them by way of a loan, and I said, "About £100"—I asked if they were his, and he said "Yes," and I think he said he had had them for some time—I pointed out to him that there were two coupons on each bond which were overdue, and had not been cut off in the usual way, and I asked him why that was; he said that, as a matter of fact, the bonds had been deposited for a loan, and that he would expect to find the interest represented by the coupons had been credited to his account—I made an appointment to meet him in my office the next morning, Saturday, and about 1 p.m. he came—I said that, as it was such a short notice, we could not complete the whole thing that day, and he suggested our letting him have something on Hi-count, and I gave him £5, took his receipt, and arranged to complete on Monday—we arranged with a. Mr. Nash to advance the money, and he gave us a cheque for £95, and he paid us £5, the amount we had advanced—we handed the cheque to Brown, together with the coupons which we had detached—I heard later that the bonds had been stolen, and I immediately went and gave information to the police.
Cross-examined. We are general financial agents—we have lent money on occasions, but that is not our business—I am not acquainted with" a number of City detectives, and I do not know that they daily frequent
the Bodega in the performance of their duty—there was hardly anybody there about 7 p.m., when I met Brown; it was almost closing time—the bonds were exhibited at the central bar upstairs—of course, the atend-ants were there at the time—I do not know Nash's business; he know Brown himself—there was no concealment on Brown's part, and I considered, it a perfectly bona fide transaction—we had attempted to do some business before with him with reference to a reversion, and as far as it went it was quite satisfactory.
Re-examined. If we had not thought it a bona-fide transaction, we should not have dealt with him.
BENJAMIN NASH . I am a financial agent, of 11, Poultry, E.C.—I advanced a cheque of £95 to Mr. Marshall on these Argentine bonds (Produced) which he handed to me—I got the money from my solicitors, Swepstone & Stone—I handed Marshall the £5 he had advanced.
Cross-examined by MR. GRAIN. Before I drew the cheque I carefully examined these bonds, and I thought they were straightforward and bona-fide, or I should not have done so—Marshall told me that they came from Brown, whom I have known some time, but I do not think I have had transactions with him before—I believed he was a respectable man, and honestly in possession of the bonds.
ARTHUR CARLYON STANLEY STONE . I am a partner in the firm of Swepstone and Stone, Solicitors, of 31, Great Helens, E.C.—I received the Argentine bonds from Mr. Nash, and I handed him a cheque for £100, which has been cashed.
Cross-examined by MR. GRAIN. It was a perfectly honest transaction as between myself and Mr. Nash.
GUY SEMPLE . I am manager to Mr. W. H. Peckitt, Postage Stamp Dealer, of 47, Strand—on October 3rd, Brown came into the shop and produced this stamp album (Produced), and asked if we would purchase it—I looked through it and asked him what he wanted for it, and he requested me to make an offer—I offered him £35, which he accepted, and I paid him the money in cash.
Cross-examined by MR. GRAIN. I am an expert in stamps—he was a total stranger to me—I did not ask him where he got it from—I discovered some forgeries amongst the stamps before I paid him, but those are to be found in every collection of old tamps; very probably I did tell him that there were some—he volunteered his name and address as Dixon Brown of Cromwell Road, which I did not verify in the directory as I believed him—there was no concealment about the transaction, and I had no reason to think that I was dealing with otherwise than a perfectly honest man.
KATE MORTIMER . I am the wife of Horace Seymour Mortimer, who has pleaded guilty to certain charges of stealing from his employers—on September 29th I was living with him at 127, Calabria Road, Highbury—on the afternoon of that day I was called out of the Marlborough Theatre, where I was witnessing the performance, by Brown, whom I had known previously—he said "I want you to be brave, and I will help you all I can. Your husband has gone away, and I want you to let me go up to your house for letters and papers which arc in your husband's
desk in the drawing-room"—he said my husband was in trouble about some money matter?, and he would let me know more later—he went with me to my house, and he searched my husband's desk, and took away. I suppose, several papers—he destroyed some and told me to destroy the rest—I do not know what the papers were—he was packing some clothes of my husband's in a portmanteau upstairs, when my maid brought a message up that my husband's father, and a gentleman, whom I now know to be Ottaway, had called—I told Brown this, and he said "I must go," and he went out by the back way with the bag—Ottaway did not see him at all.
Cross-examined by MR. GRAIN. The day before yesterday I was asked to come as a witness for the prosecution—Mrs. Dixon Brown asked me to go to Mr. Myers, the solicitor instructing you in this case, on October 20th, and I did so—notes were taken of what I said with reference to this matter, but they were not read over to me—I had only seen Brown twice before September 29th, once at the Hotel de Saxe in Brussels about six months ago in the presence of my husband—I went over to Brussels with my husband as an outing on the Saturday, and we came back on the Sunday night—he told me he was going on business for Mr. Tee—he certainly did not tell me that he wanted to negotiate a bond, and I did not know in the least what the business was—I was not there all the time Brown and my husband were discussing business, but as far as I understood, everything was perfectly open between them—I had never seen Brown before, and the next time I saw him was at his flat in the presence of my husband about a month after we came back from Brussels, July probably—they talked business, and they seemed to allude to some shares in the Mount Orient—I did not hear the word "bonds" at all—I did not understand the meaning of it—the next time I saw Brown was on September 29th—I am quite sure that my husband never spoke to me about bonds—he spoke of some shares of the Mount Orient Company, and that Brown was going to get some money on them—my husband never told me in the presence of Brown that some shares he had given to Brown belonged to my husband's mother—he has a mother living—I never heard anything with reference to a stamp album—about October 3rd Mr. Tee called' upon me and spoke to me about the £1,000 bond, and I said I was very sorry but I did not know anything about it—he served me with a paper saying that I was not to sell my furniture—he said he thought he" had a right to the furniture because my husband had stolen their' bonds—the furniture is not in my name, but it is mine—on September 29th, when I was called out of the theatre, Brown spoke about, papers "and property, and that he was helping my husband to leave the country—that was when I first learnt that my husband had stolen the £1,000 bond—I cannot say that I knew then that Brown had dealt with stolen property.
Re-examined. My furniture has been sold, and I have had the use of the money.
JOHN OTTAWAY (Detective-Inspector, City). On September 29th. Messrs. Ashley Tee and Co. communicated with me with reference to the loss of some bonds, and I went to Mortimer's house with his father. where I found him, gone—I saw Mrs. Mortimer and a servant there—on October 5th I saw Brown in the Globe public house in Bow Street, and I told him that I was a police officer and that I was going to make enquiries respecting Horace Seymour Mortimer for stealing Argentine and Egyptian bonds from his employers. (With a view to seeing whether Browns statement on that occasion was admissible, MR. GRAIN here obtained the following answers): I had a 'warrant for the arrest of Mortimer at the time, but not for Brown—after the conversation. Brown accompanied me voluntarily to the office at 26, Old Jewry—I asked if he would accompany me to the City to give this information to the solicitors, and he said" he was quite willing—he was not taken to the charge-room at the police office at 26, Old Jewry; there is no charge-room there—he was not detained there; he remained of his own free will—I told him what he would be charged with in that building, but he was not charged there; he was taken to the Cloak Lane police station. (MR. HUTTON then resumed his examination.) I did not take him into custody at the Globe public house—we sometimes question a man before we take him into custody; it depends upon the answers he gives whether we take him into custody, especially in receiving cases—(MR. GRAIN submitted that Brown was virtually in custody, and therefore his statement was inadmissible, but the Court over-ruled the objection)—I went on to-say, "I understand you have been doing business with him; will you tell me what the business was?" he said, "Yes, I have only had one transaction with him, and that I was shot over"—I said, '"What do you mean?" he said, "My friends and I were shot over it—then I asked him what business it was, and he said, "Mr. Mortimer came to me in Brussels with a letter of introduction from a Mr. Ashworth, who was a friend of Mortimer. He told me he had a £l,000 Egyptian bond, which he asked me to negotiate, which I did. I took the bond to the Credit Lyonnais in Brussels when I was there, but the Credit Lyonnais said before they would advance money on it, it would take several days to make enquiries. I told this to Mortimer, and he said it would not do. I then took it to Mr. Brydone, and after three days I obtained a £450 loan on it. Mortimer at this time had returned to London, and I sent the money to him"—I asked him what he received, and he said, "I received £5 for the transaction"—he did not say when he got it, but that it was sent to him by cheque—I asked him how long the loan was for, and he said six months—I said, "So that six months has not run out," and he said, "No, the time has not expired"—I asked him if he had had any other transaction with Mortimer, and he said, "No "-if he had refused to go to the police office with me I should not have forced him to go—we went in a cab, and on the way to the station I produced this police notice (Produced), and pointed to a description of the Argentine bonds and said, "Do you know anything about these?" and he said, "No"—he then pointed to the
description of the Egyptian bond and said, "That would be the one I negotiated"—we then went to the Commissioner's office, where I sent for Mr. Herbert Tee, to which he did not object in the slightest—he made a statement, which was taken down in writing by Mr. Tee—there was no threat or inducement of any kind held out to him before he made the statement—half an hour after, at the Cloak Lane police station, he was then given into custody by Mr. Tee, and charged with being concerned MR. HUTTON did not press for the statement in writing that Brown made on this occasion to be put in evidence)—in reply to the charge he said, "I did not know the bonds were stolen"—I then searched him and found two receipts for the four Argentine bonds from Marshall &Co.—before he was charged he voluntarily gave up these coupons which had been attached to the bonds (Produced)—he also gave us Mortimer's address in Paris on a piece of paper—I then went to 23, Broad Court Flats, where Brown lived, where I found a pocket book containing the following entries: "158487 general debit. Daira Sanieh 4 per cent., 25,000 fr." "Mortimer, co Echos, London"; that is the telegraphic address of Ashley, Tee &Co.; and "127, Calabria Road, Highbury." "A. A. Bendon &Co., Allquid, London"—while I was there a telegram came for him, who was not present—he gave us an address in Cromwell Road, and then his address at Broad Court Flats.
Cross-examined by MR. GRAIN. The police notice was printed on September 30th—it describes the missing bonds, and gives a photograph of Mortimer with his name and address—it is the habit of the London police to send such notices to all the Metropolitan police stations, and to all the ports from which people can get to the Continent, such as Dover and Harwich, which would' be two likely ports from which a man would get to Brussels—we have detectives at all these ports—these bills were sent certainly by October 1st to all these ports of embarkation, but they were not sent to the ports of debarkation, such as Calais or the Hook of Holland, because it was not thought necessary to do so—it is as a rule done, but not always—I will swear that bills were not sent to Calais, Hook of Holland and Rotterdam; one might have been sent to Harwich—we communicated with the police at Paris and Berlin—I swear that when I went to the Globe public house it was not with the intention of arresting Brown; we had no evidence against him—on the morning of the day that I went to the Globe public house a man named Wallace came to me at the Old Jewry police office, saying that he had seen the. police bill, and that he knew Mortimer, who had gone to Brussels to see Brown, but did not know for what purpose; that at the time Brown was introduced to Mortimer, Brown was very short of money, but since their meeting he had been flush of money, and that his suspicions were excited in consequence—he gave his address as Arundel Square, Barnsbury, and that he knew Brown well in the City—there was no reward; he came in the interests of public justice—we went out together to endeavour to find Brown, and eventually we found him in the Globe public house—I do not know where I got the address in Cromwell Road
from; it may have been from the woman he was living with. but I do not think I got it from him.
Brown, in his defence on oath, said that he had been educated at Harrow, and was an electrical engineer; that he was in Brussels endeavouring to sell some patents with reference to a colliery in Rus. when he met Mortimer there, through Mr. Brydone, with whom he had had very large dealings in mining shares; that Mortimer came with a letter of introduction from a Mr. Ashworth, a mining engineer and manager of the Mount Orient Mine in Australia; that Mortimer said he was desirous of in vesting money in the Mount Orient Mine, and for that purpose produced the £1.000 Egyptian bond which he said was a legacy or a wedding present from his father, he forgot exactly which; that he (Brown) endeavoured to raise a loan on it for Mortimer, but finding that the money could not be obtained without some delay, he eventually went to Brydone, and that he agreed with Brydom's evidence, except that he did not say that he had received the bond from Mr. Harris, of Odessa; that he was referring to a letter he had in his pocket from (hat gentleman which he could use as a reference if necessary, and that, he told him that he had received it from Mortimer, whom he said he could trust: that he saw Mortimer frequently on his return to London, and that, promising him a third share in the Mount Orient Mine, which a friend of his (Brown's) was exploiting, if he could find some capital, Mortimer offered him two bills, asking him not to mention the matter to his firm. Ashley, Tec and Co., to whom he knew he was managing clerk, but he said that was impossible, and Mortimer (hen said he had four Argentine bonds and a stamp album which he said he had received from his father, and asked him to negotiate them; that the same day Mortimer came to his flat and told him that he had had an entanglement with a lady at his employer's office, and asking him his advice, saying that he did not want his employers to know he was married, and that he advised him to go away for a day or two; that Mortimer then went to Folkestone, and he, going to Mortimer's address, saw his wife; that he agreed with Mrs. Mortimer's evidence except that he told her the reason why her husband was going away was because of a flirtation, which she said she already knew of, and that he wanted some letters, and that the reason he went out the back way was that that was the nearest way to (he cab rank, and that he did not know Mortimer's father and Ottoway had arrived; that he went down to Folkestone and received the bonds and album from Mortimer, at the Queen's Hotel, returning the same evening; that he agreed with Marshal's evidence with reference to their negotiation, except that he said that the reason why the coupons had not been detached was that (hey had probably been forgotten, and that he did not say he had had the bonds for some time, and that everything had been openly done; that he agreed with Simple's evidence; that the first time he knew that the bonds had been stolen was on the morning of the day of his arrest, when he saw a police bill outside Bow Street; that on being guestioned by Ottaway in the Globe public house he said (hat he had had transactions with Mortimer generally, and that' he had not mentioned the Egyptian bond specifically (It was here ascertained from the shorthand note that the prisoner contradicted himself, saying in examination in chief that he
mentioned the Egyptian bond specifically, and in cross-examination bonds generally) that he did. not mention Brydone's name; nor in the cab did he say that he did not know of any Argentine bonds, and that when he 'pointed to the Egyptian bond on the bill, he understood that. Ottaway from the information he had given him in the public house would infer that he knew of the Argentine bonds as well: that he gave Mortimer £300, the proceeds of the £1,000 bill, paying the balance in East Rand shares, after deducting his commission; that he did not give Mortimer any of the proceeds of the Argentine bonds and the stamp album, because Mortimer owed him money to that amount.
GUILTY . MORTIMER— Twenty months' hard labour.
BROWN— Eighteen months' hard labour.
NEW COURT.—Thursday, December 15th, 1904.
Before Mr. Justice Darling.
For cases tried this day see Essex and Surrey cases.
FOURTH COURT.—Thursday, December 15th, and
THIRD COURT, Friday, December 16th, 1904.
Before Mr. Common Serjeant.
MR. CHAS. MATHEWS, MR. GUY STEPHENSON and MR. FULTON Prosecuted.
(The evidence was interpreted where necessary).
BERNARD JOSEPHY . I am senior partner in the firm of. Jules Cohen & Josephy, Wool Merchants, of Bradford and Birmingham—we have no branch house at Derby—on August 16th I advertised in the Daily Telegraph for a foreign correspondent and typist, to reply to our G.P.O. Box 24, Leeds—I never saw the prisoner till I saw him at Bow Street—I never sent the letter produced offering 450 francs with a rise to 700 francs per month—I never made any appointment with the prisoner at Derby nor saw him in Leeds—ours is a private firm and we have no board of directors.
Cross-examined by the prisoner. We wrote a letter to Pearson &Co. that we could not grant a personal interview, but that they must apply by letter—I personally direct the business of my office—on August 30th, as far as I am aware, I was in my private office—on September 12th I replied by telephone to say that we could correspond in any language, but the person enquiring must write to us—I got letters from the City Solicitor about the date of the trial—nobody called about Jeannot.
Re-examined. I advertised on three occasions, and August 16th was one of the dates—this letter of August 17th is written by myself—it instructs the gentleman to apply by letter—I received no other, letters
until August 17th and September 1st—the vacancy was filled about September 2nd.
HENRI JEANNOT (Interpreted), Up to July last I was residing at 1, Rue de Vitry, Choisy le Roi—I am a French subject—I was employed at Choisy le Roi in some glass works at 150 francs a month—in July I saw this advertisement in Le Journal, from J. Pearson &Co., 6, Mason's Avenue, Coleman Street. London. E.C., and in consequence of communications with the advertisers I came to England—I arrived on August 18th—on August 20th I went to their premises and was introduced by Mr. Pearson to the prisoner as the clerk who could speak to me in French—the prisoner said he would immediately put himself in communication with a firm in Leeds, and I was to come back the following Saturday for the reply—on my calling on Saturday, August 27th, he said he must go to Leeds on my behalf, and he asked me for £1 for his expenses—he said he must see Mr. Josephy—he gave me the receipt produced for the £1 which I gave him—he wrote it in my presence—on Tuesday, August 30th, he came to my lodgings at 32, South Molton Street, and said he wanted another £1 to go to Leeds to take my testimonials and my photograph to show Messrs. Cohen, Josephy &Co.—I gave him another £1 and the documents—he showed me a letter and stated that that firm were asking for a clerk at 450 francs a month—the letter was in English, and I did not understand it, but I saw the figures 450 francs, and I paid him the £1 which he asked for, believing the representations which he made to me—he took the letter away (This letter was called for and not produced)—I believe I next saw him the following Saturday at my place—he showed me, I think on that day, an address card which he said he bad received from Messrs. Cohen & Josephy to go to Derby to see the principal partner there—he said he was to be received by Mr. Josephy the following Sunday at Derby between twelve and one—I paid him 10s., believing his representations, but I was beginning to have my doubts, so I asked him whether it mattered if I went to Derby with him—he hesitated, and then said that as he had not informed the gentleman at Derby that I was coming the gentleman would probably think it strange, and it would look as if he was throwing me in his face, and in order to show that he was zealous for my interest, he said it would be throwing away money needlessly for me to go—the following day I received this post card dated 4.9.04: "I have just returned, been well received, my impression is very good. He did not say anything at the end to me except that the directors would decide first, but I have great confidence in the result"—the following week I saw the prisoner at Messrs. Pearson's, when he asked me for 5s. to make up the amount he had spent, so as to compete the receipt for 55s. (Produced) which he then gave me—I fully believed the representations which he made, and so parted with my money—this receipt was already prepared (Tin's was signed J. Wauters)—I afterwards received post cards from him—on the first occasion that I saw him, on Saturday. August 27th, when I advanced him the first £1. he said the
money was to be advanced for travelling expenses, and that it would be returned to me if I did not succeed in getting the situation—I asked him several times for its return, and he always assured me that it would be returned to me, but I never had it back, or any part of it—I afterwards communicated with Messrs. Cohen and Josephy. and with the police.
Cross-examined by he prisoner. I never had any communications with you before I saw you at Pearson's office—I was employed for three years at a glass works at Choisy le Roi—my salary was 150 francs a month—I came to England as a warehouseman—I left my employment a few days before I came to London—I gave a week's notice—I was paid fortnightly by a previous arrangement with the firm—I should not have left my situation but for the letters I received from Pearson's—the two last letters which I received in Paris made me come here—one is dated July 5th—that is a mistake for August, which is about the time I received it—I do not remember if this is the envelope—I received two letters, but I did not keep everything, a? I did not know then that I was being deceived—I have looked for that letter, but have been unable to find it—the letter came in an envelope with a receipt—there were two letters and one receipt in the envelope—the letter stated, "We cannot get you the situation unless you are over here to be introduced to the firm"—as the result of that I swear that I gave up my situation—the letter produced, stating that I complained of the brutality of my late firm, is false; I have never seen it before—I told my late firm that a situation was going to be obtained for me in London, and nothing else—I first called at Pearson's in the afternoon, about four—I said I had come to London with 1,000 francs, and that I could wait for the situation—you followed me out of the office when I went out for refreshment at a public house—you did not send me to Bellamy's warehouse in Great Tower Street—you asked me whether I would mind going into the country, and I said, "No, that would suit me very well"—you asked me if I could advance travelling expenses, and I said "Yes, everything that was necessary provided that I succeeded"—you did not mention on August 27th the name, you simply said it was a firm at Leeds—I do not remember your mentioning a vacancy at the Aylestone Laundry, near Leicester—I gave up all my papers to the police—I brought my photograph and my testimonials to you without being asked—I took you to dinner at 5, Windmill Street, W.—I do not remember meeting a loose woman about 9 p.m.—I have never entrusted my affairs to a woman—I have never had any relations with a woman in London—I did not pay you 10s. on September 3rd, at 12, Charlotte Street; we had two drinks, and I did not understand English money, so I handed you a sovereign to pay for the drinks, and you gave me the change; it had nothing to do with the money I gave you for expenses—I did not say to you, "Now, you have got more money than I have"—on September 10th I waited for you in Pearson's office, you accompanied me to the door—you wrote the name of Cohen on a piece of paper at my place—I no longer have it—I did not get your receipt for £2 15s. on that day—you gave me that the last time I went to Pearson's, when you
asked me for an extra 5s.: and when you accompanied mo as far as the door—it was at the door on that day that you handed me the receipt and asked me for the extra 5s. I sware it—I do not know where Basinghall Street is—we went out of Mason's Avenue together, and into a restaurant in a basement, the last time I went to Pearson's—you sad. "Wait for me until I have finished my work at 2 o'clock, and we will go and have something to eat." and I waited for you—I do not remember going to 47, London Wall, but we did go to a restaurant——I saw a young Frenchman there—you had a cup of coffee—the dinner was not for you because I had had my dinner—I did invite you—I paid 5s. in the restaurant—I gave you a pound out of which to pay, as I did not understand English money—in my information to the police I said what I have said here—I sware I never lent you 5s.—I asked you to refund my money every time I paid you anything, and that is the reason I asked you for receipts—I cannot speak to dates because after two months I cannot remember them—I have said: "On the 10th of September I asked Mr. Wauters several times to return me the 50s., and he said it would be returned by Messrs. Pearson in the event of want of success"—Mr. Pearson referred me to you because I could not speak English, and it was to you I had to address myself—on the very first day I arrived, Mr. Pearson referred me to you as being the person with whom I should have to deal—I did not write for the return of my money because I had too much confidence in you—on September 3rd I had my doubts—I said that I did not understand how it was possible to spend some hundreds of francs in so few days—I had no relations with other persons, therefore I could not bring accusations against them—I had disputes in connection with food, but not in connection with money—some persons charged me £1 for food and travelling for three persons for everyday—I gave them what they asked for—I remained with them three days—in Windmill Street you had a bottle of champagne—you did not oppose it and say, "You are throwing away your money"—I do not remember whether I saw you after September 10th—on September 16th I went to Pearson's office with another person—I have sworn I did not see you after September 10th, but I did not say I had not been to Pearson's—I went there on September 16th. but it was the person who was with me who asked if Mr. Pearson or you were in, and Mr. Pearson replied to my interpreter that you were away on your holiday—I went to ask for a reply which I had been patiently waiting for for three weeks, and to say I had been to Whiteley's for a situation and had not got it—Whiteley's said they did not want anybody, and that, as I could not speak English, I was no use to them—my interpreter told this to Pearson—I saw a young girl who does type-writing—I do not remember seeing you on September 16th—I had asked you to send me all letters in reference to the Leeds or Derby affairs—the police prohibited me about that time from having any interview with Pearson's or their clerk—I went to the police on the 15th—I am certain I did not go back to Pearson's afterwards—I received no blue envelope containing a private card and a letter—I first went to the police at
Scotland Yard, and an officer directed me in French to Old Jewry—my statement was taken down, but it was not on the first day—at Scotland Yard I showed all Pearson's letters—three hours after I saw Collinson, an officer at Old Jewry—you wrote the paper you gave me with the name of Cohen on, I think before you went to Derby—on September 12th the proprietor of a public house telephoned for me to Cohen's—I asked Cohen's to put me in communication with Mr. Josephy or some one who could speak French—they replied, "We will talk any language you like"—the following day I wrote to them—I wrote to a friend to say I expected a situation at 450 francs a month—I did not say I should be satisfied with 250 francs a month—I wrote to my late employer at Choisy to reply quickly to any letters he might receive—you told me you were going to Leeds, and that you would send me a reply on the following Monday—I have not said that you would refund my mosey in the event of want of success, but that your firm would refund it.
Evidence for the Defence.
IDA BLISS . I was typewriter at Pearson's office when the prosecutor called in August or September—I remember his taking the prisoner out—the prisoner followed him out—they did not converse where I was—the prisoner was not always in my room—there were other rooms in the office.
The prisoner called other witnesses, who the police said had refused to attend. The prisoner, in his defence on oath. said that he joined the firm of Pearson as foreign correspondent, and on his own account did his best to obtain Jeannot a situation; that Jeannot's failure was owing to his not being able to speak English; that he did not write the letter inducing Jeannot to come to England; that he went to Derby and other places on Jeannot's behalf, and was entitled to his expenses, and that he was expecting news when he said so.
GUILTY . One month's hard labour.
NEW COURT—Friday, December 16th, 1904.
Before Mr. Recorder.
MR. BODKIN and MR. SYMMONS Prosecuted; MR. JOHNSON Defended.
GEORGE INGIS BOYLE . I am a messenger in the Bankruptcy Court—I produce the file in the proceedings of T. B. Charrington; the receiving order is dated January 7th, 1902, and the adjudication January 21st, 1902—the name is Peter Gaze, described in the receiving order as T. B. Charrington, trading as T. B. Charrington &Co.—the total liabilities are £888 2s., assets £8 2s. 6d., showing a deficiency of £879 19s. 6d.—no application for discharge has been made, and there has been no dividend—there are 34 unsecured creditors, many of them are depositors—money deposited in connection with transfer of license was one, and a deposit paid in connection with the Robin Hood.
JAMES KDWARD THOMAS . I am a retired traveller of 2, Bank's Villas, Weston-super-Mare—during September and October, 1903 I was negotiating with Messrs. Wansbrough &Co., of 10, Upper Baker Street—I got into communication with them through an advertisement in the Telegraph about a public house for sale—I was thinking of buying a public house—this one was the White Swan, at Salisbury Court, Fleet Street—Mr. Gibson was the licensee at the time—November 11th, 1903 was the date fixed for taking possession—the purchase price was, I think. £7,500—as deposit, I paid £50 on September 25th and £150 on the 26th, to Wansbrough &Co., this is their receipt—I paid altogether £607 14s.—I did not get possession on November 11th, I have not the slightest idea why—all the information I had was that the vendor would not give up possession, and the matter fell through—I was dealing with the prisoner as Wansbrough &Co., and I met him in connection with them—I do not know what he had got to do with them—I wrote to Wansbrough &Co. and got some letters signed by them—I got this one. dated November 28th, 1903: "He White Swan, Salisbury" Court. Our Mr. Leech, who has this matter in hand, has been away for over a week ill. On his return to office, he will give the matter his attention. With compliments, we are. yours faithfully, Wansbrough &Co. W.G."—I also got this one, dated December—4th: "Dear Sir,—Re White Swan. In reply to your favour of yesterday's date, we are pleased to inform you that our Mr. Leech is much better, and on his return to the office next week, your matter shall receive his best attention. Yours faithfully. Wansbrough &Co."—I did not get any money from them until I instructed my solicitors, who were Messrs Wansbrough of Bristol and Wcston-Super-Mare—after a time I got £349 19s. repaid—an action was brought for the balance—I never got any more money—I got judgment but unsatisfied. (Leech and the prisoner were partners.)
Cross-examined. I paid some cheques besides those for £50 and £150 deposit—the others were not deposit, they were for purchase—I handed the money to the prisoner—I did not see Leech; he was not there at the time—I have seen him several times at the office, and he went with me to Mr. Gibson's—I handed Wausbrough &Co. four cheques, and asked them to pass them through their bank: they were payable to me—the amount was altogether £607, made up of two distinct sums—I do not know whose fault it was that I did not get the house—I know that Mr. Gibson would not carry out the contract—Leech came down to me twice at Weston—he and the prisoner suggested that I should advance £10 to get Gibson to carry out his contract, and I am aware that a solicitor was employed to do something in it—I think a writ was issued against Gibson—I believe £500 was tendered to him in a cheque on the prisoner's firm, and he refused to take it—I had a letter saying that my money had been tendered that morning by Leech and a solicitor's clerk—it was after that that I put the affairs in the hands of Wansbrouch, Dickinson, Robinson & Taylor of Bristol—the second time anybody came to me I said everything must come through them—I know nothing about buying public houses—I had confidence in the
people I was dealing with—a few days previous to my taking possession I had the four cheques in my possession for goods I had sold, and I did not want to keep them about any longer, and I asked the prisoner if he would give me a receipt for them and pay the money through a solicitor to Gibson—I knew they were going through the prisoner's bank, and it was done with my authority—I found out from the Bristol firm that a writ had been issued against Gibson—I think it was for the recovery of the money—I do not think it was to compel Gibson—the Bristol firm advised me to drop the action—I instructed my solicitors to try and get the money back from Wansbrough &Co.—I made no stipulation as to getting the whole sum at once—I do not know that the solicitors claimed £400 odd first, leaving out the £200, because I left it entirely in their hands—I agreed to pay the prisoner the percentage commission on the total price if the thing went through, but not if it did not go through—I expected to get the house or damages—I signed for £500—I had a claim against the prisoner for £200 after the £349, 10s. was paid—I do not suggest the prisoner did me out of any money besides the £200.
Re-examined. I parted with £607 14s.—this is the writ my solicitors issued against the prisoner, (Read) "The plaintiff's claim is against the defendants for the sum of £247 5s. for balance of monies payable by the defendants to the plaintiff for money received by the defendants for the use of the plaintiff. Particulars—September 24: To amounts paid on these dates by the plaintiff to the defendants, to be used by the defendants on the plaintiff's behalf as a deposit on account of the purchase by the plaintiff of the licensed business and the lease thereof of the White Swan, in Salisbury Court, Fleet Street, London, under and by virtue of an agreement dated the 24th day of September, 1902, and made between Thomas Gibson on the one part and the plaintiff on the other part, £200; October 22nd: To amount paid on this date by the plaintiff to the defendants to be applied by them in payment of the balance of the said purchase money in respect of the said taking by the plaintiff of the said licenced premises. The said agreement of the 24th September was not performed by the said Thomas Gibson on the date provided in the said agreement, and has since been rescinded and put an end to by the parties thereto, and by letter dated the 12th January, 1904; the said Thomas Gibson requested the defendants to return the said deposit to the defendants; £407 14s. = £607 14s. Credit by amount paid by the defendants out of the said sum of £607 14s. to Messrs. Lumley &Co., Solicitors, London, to and for the use of the plaintiff; £10 10s., January 7, 1904, by money returned by the defendants to the plaintiff, £349 19s. £360 9s. "Balance due, £247 5s."—I have never had that back.
By the COURT. The money I received back, so far as I remember, was £351 7s. 6d. I do not know that my solicitors were paid £122 10s. in February last.
Wansbrouuh &Co., solicitors, of Bristol—I believe they do a large amount of licencing business—the prisoner is not connected with that firm—about December 23rd, 1903, we took up a matter on behalf of Messrs. Wansbrough of a claim by Mr. Thomas of £607 14s. from Wansbrough &Co., of 10, Upper Baker Street—I went there about six times—on the first occasion, December 23rd, I did not see anybody, the place was shut up, I think it was late—next day I went with the managing clerk of Wansbrough &Co., of Bristol, and saw the prisoner, I never saw Leech at the office; he was the other partner—the managing clerk of the Bristol firm demanded the return of the £607 from the prisoner, who said he could do nothing in the matter as it was in the hands of his solicitors—I called on January 6th with Mr. Dickinson, a member of the Bristol firm, and he demanded the money from the prisoner, who then said his partner, Mr. Leech, was attending to the matter—Mr. Dickinson, in my presence, said he did not care who was attending to the matter, but he wanted the money on behalf of Mr. Thomas—the prisoner said, "You had better call and see Mr. Leech; he will be in this afternoon"—we called at about 3 p.m. that day and saw a clerk who showed us this cheque, which was to be sent through Lumleys—a letter was also produced covering the cheque—the cheque is for £349 19s.—Mr. Dickinson declined to receive the cheque through Lumley's, and it came to the office next morning by post—Mr. Cecil Lumley was retained by the prisoner, to act for Thomas—we also got this letter, dated January 6th: '"Dear Sirs,—Herewith we beg to enclose your account against Mr. J. E. Thomas concerning the monies lodged in our hands, viz. £40714., by him on October 23rd last. The balance due to Mr. Thomas, viz., £342 19s., we are prepared to hand over, at any time, through our solicitors. Messrs. Lumley and Co., in discharge of this account; it must be strictly without prejndice to any claim of demand that we may have against Mr. Thomas, re the £200 still in our possession, which was paid to us on account of the purchase of the 'White Swan,' Salisbury Court, E.C., on behalf of the vendor, Mr. Thomas Gibson.—Yours faithfully, pp. Wansbrough &Co., W.G."—enclosed with it was Exhibit 21, which gives credit for £407 14s. only, that is irrespective of the £200 deposit—then "To disbursements £10 10s.; extra services rendered £26 5s.; paid Messrs. Lumley &Co., £21 = £57 14s. "—that added to £349 19s. makes £407 14s.—I presume the cheque was met; I sent it down to the country; we issued a writ for the balance—I got judgment for £122 10s., which was ordered to be paid within a certain number of days, and a further sum of £26 5s. was ordered to be paid into Court, with leave to defend as to the balance—I got the £122 10s., and I took the balance of £26 5s. out of Court after the trial, and I got judgment for the remainder, but of course that has not been paid—it did not come to trial; a few days before the trial I received a letter from the solicitors for the defendants saying they would not contest it, and consented to judgment—it came before the Judge, and judgment was signed on June 1st for £124 15s., less £26 5s., which is £98 10s.—I served a bankruptcy notice on both parties.
Cross-examined. It was clear that the £607 was divided into two parts, the £200 and the balance—the cheque for £349 simply dealt with the £407—the cheque for £349 19s. was accepted; the amount endorsed on the writ for which I sued was £247 5s.—I saw some of the papers after the Bristol firm came up to see us—the action was commenced against Gibson—I suppose there were a good many interviews by Leech or some member of the firm—I have heard that Leech went down to Weston twice, but he was not asked to go—at the time the judgment was sinned the prisoner's firm told me that they had nothing left—we got nothing on our judgment, perhaps that proves that they had nothing.
Re-examined. I do not know how much commission they may have got from Gibson.
ROBERT ELRICK . I live at the Blue Lion, Bracknell, Berkshire—for seven or eight years I was in the employ of the St. Pancras vestry—I saved a little money, and had a little left me at the end of last year, and I determined to take a public-house—I saw an advertisement in Loyds' News, (Read)" Wansbrough &Co., 10, Upper Baker Street. £80 or near offer. Splendid opportunity; well situate country inn; rent £20. Genuine trade; good accommodation; free spirits; nice garden, paddock, yard"—I went to 10, Upper Baker Street and saw the name Wansbrough &Co.—I saw the prisoner; later I saw Leech, but the first time I saw the prisoner only—I referred to the advertisement; I told him what I was, and what I had been—I said I had no knowledge of the public-house trade—they mentioned several houses, amongst others the Blue Lion, which was only a short distance from London, and I took a fancy to it—it was arranged that Leech and I should go down and see it with a friend of mine named Mayhew—I paid the expenses for all three—we looked at the Blue Lion and saw Mr. Barber there; he was the licensee and was selling the house—the price was £180, and £50 for goodwill and stock-in-trade—on January 4th last I signed this agreement to take the house—it is dated January 4th, 1904, between Barber and myself, and is witnessed by Leech—I paid Leech £50 in notes that day at Bracknell—he said I should get a receipt from the prisoner at the office—I got a receipt, but not on that day—on January 6th I went to the office and paid £180 in bank notes to the prisoner—I got this receipt; I got both receipts the same day—the prisoner put the notes into his side pocket—I see the brewers' manager at Waterloo, and was accepted as a tenant—possession was to be given on February 16th—on that day I was ready to go in, but the prisoner was not—they always put it off—I went to Bracknell on February 16th with Mayhew—I did not see the prisoner or Leech there; I saw Barber—he wanted to give me possession, but he could not, because he had not got the money—I retuned, and wiled at 10, Upper Baker Street, and saw Leech—I had some conversation with him—I wrote several letters to the prisoner and had several from him—on April 21st I received this one: "Dear Sir,—I am expecting substantial sum of money to be paid to me one day during next, week, and as soon as it comes to hand I shall come and see you and pay you over anyway a portion of same. With kind regards to yourself and
Mr. Mayhew trusting business is satisfactory—We are, yours faithfully. W. H. Leech. Wansbrough &Co."—that is addressed to me at the Blue Lion—I received it on March 16th—I got possession of the Blue Lion by borrowing money and paying the price over again—I pad £207 altogether—I got these letters "Dear Mr. Elrick,—I am sorry that I have not been able to call upon you ere this, but up to now my friend, Mr. Moxam, Bowes Park, N., who is going to advance me a substantial sum, has. not received his cheque: immediately he does so, which will be very shortly I will wait upon you at once. With kind regards to yourself and Mr. Mayhew hoping business is satisfactory—I am. yours faithfully. W Leech, Wansbiough &Co."—"April 30th, 1904. Dear Mr. Elrick,—Evidently our letters crossed, and. in reply to yours I shall be seeing my financial friend, Mr. Moxam, to-morrow or Monday, when I hope to receive a cheque, and I will without fail wait upon you some time an Wednesday next, the 5th of May. With compliments to yourself and Mr. Mayhew.—I am, your faithfully, W. Leech, Wansbrouuh &Co."—May—3rd. 1904. Dear Mr. Elrick—I am in receipt of your letter of yesterday's' date, and purpose visiting you to-morrow, Wednesday, arriving at Bracknell at 6 p.m. My friend has not yet handed me his cheque, but I know he will do so very shortly. Kind regards to yourself and Mr. Mayhew.—Yours faithfully, W. Leech, Wansborough &Co "—Leech came down to Bracknell, and I had a conversation with him—I got no money from him—Mr. Mayhew came down next day and brought this promissory note with him, "London, May—4th, 190-4. We promise to pay Mr. Robert Elrick £240, payable as follows: £50 on or before the 25th May, 1904, and the balance on "or before Adjust 4th, 1901"—it was £240 instead I of £230, because the prisoner said we were allowed £10 more for the expenses we had been put to—I also got this letter, "May 23rd. Dear Sir,—In reply to your letter of the 20th inst. we are very sorry to inform you that in consequence of business being practically at a standstill since Mr. Mayhew called here, we are entirely unable to meet your demand on Wednesday next. Nevertheless, if you or Mr. Mayhew is in town on that day, to-morrow Tuesday our office will be closed, we shall be glad if you will call and interview our Mr. Leech hereon. Yours faithfully, Wansborough &Co., pp. C'—and this one, May 20th. Dear Sir,—On my return to the office to-day I found Mr. Mayhew's letter, and am sorry I was not here to meet you, and in reply I can only refer you to the contents-of our last letter, and very much regret that we are unable to comply with our undertaking. But the first available monies we receive we will at once bring or remit you. Yours faithfully, W. Leech, Wansbrough &Co."—I never got any of mv £230 back—my purchase of the Blue Lion was carried out entirely independently of Wansbrough &Co.—I got this letter dated July 8th Dear Sir—Re Bill due August 4th, 1904. In consequence of my partner, Mr. Charrington, meeting with an accident in February last, and during the time of his absence trade was very quiet, and my unwarrantable extravagence brought about the loss of our business tc, I shall be glad to meet you here or anywhere by appointment
and explain matters. Of course if you take the initiative you can get nothing. Yours faithfully, W. Leech, Wansbroagh &Co."
Cross-Examined. The prisoner was not at the Blue Lion on January 4th—I paid £180 on Wednesday, the 6th—I see Leech on the Wednesday—I do not remember seeing him on the Tuesday—Leech came to my house on the 6th, at Clarence Gardens—I went back to the office with him and May hew—that was before the money was paid—the prisoner was not at my house—Leech suggested at my house that I should pay the £180, and I would get a receipt for the two sums—it was after this conversation that we went to the office—I handed the money to the prisoner—I am perfectly certain of that—of the £230, £180 was for the business, £30 for the goodwill, and £20 for the prisoner's firm for commission—what was over would come back—after January 9th I only saw Leech about this matter, and not the prisoner—I heard later that the prisoner had broken his ankle on February 3rd—I had several interviews with Leech, and all the letters were signed by him—I saw the name Moxam in a letter.
Re-examined. If the prisoner's firm carried the matter through they were entitled to the £20 commission, but not if it was not carried through.
HENRY ALFRED MAYHEW . I live with Elrick at the Blue Lion, and assist him in the business—when he got into the house he had borrowed the money to pay for the business—after we had taken possession I came up to London and went to 10, Upper Baker Street—I saw the prisoner—it was about May—I asked him what he was going to do about the money—he said he had no money, that the business was bad, and he would give me a promissory note, which he did; it was dated May 4th—I saw him write it in black lead pencil, and he gave it to Leech to ink over, and told him to do it plainly—when Leech had inked it over the prisoner took it from him and rubbed out the pencil marks—the signature was also written in pencil and inked over—I saw the prisoner about twenty times from beginning to end—I mostly saw him, but on some of the occasions Leech was present—when Leech, was there the prisoner did most of the talking.
Cross-examined. The writing on the promissory note is Leech's over the pencil—I was present at the Blue Lion on January 4th, when the £50 was paid—I saw the prisoner in January—I was at Elrick's house when Leech called there on January 6th; the prisoner was not there then—I did not hear Leech ask Elrick to pay the £180—we all three went to the office in Upper Baker Street—I cannot say that I heard Leech ask Elrick to go there—the £180 was in Bank of England notes, which were given to the prisoner—they were not handed first to Leech, and Leech did not hand them to the prisoner—I saw the prisoner about January 9th—I did not see him between that date and May—I may have seen Leech twice between those dates—Elrick showed me the letters he received; they were all signed by Leech, for Wansbrough &Co.—we were told that the prisoner broke his ankle—I have heard of Moxam, bat I have never seen him, and do not know who he is—Leech never said
a word to me about Moxam—this promissory note was handed to me by the prisoner.
EDWIN ERNEST BARBKR . I used to keep the Black Lion at Brark-nell—I sold it to Eirick—I never put it in Wansbrough's hands to dispose of; they must have obtained it from other brokers—I remember Elrick coming down and paying the purchase price, £175—I gave him possession on March 16th—I never got any money from Wansbrough &Co., or from the prisoner or Leech.
Cross-examined. The first time I saw Elrick. Leech came with him.
JOSEPH FRANK DINELAGE . I am a tailor of 10, Upper Baker Street, and let part of my premises on May!), 1903, to the prisoner and Leech; they took two rooms at £10 a year; this is the agreement, it is yearly with quarterly notice, the prisoners told me they were carrying on the business of house agents, hotel brokers &c.; he said Leech would be answerable for the rent, and he would be lessee; Leech signed the agreement, and the prisoner witnessed it—the rent was paid up till the December, 1903, quarter, that was the last—when they left they owed about five months' occupation—I asked for the rent as it became due; then I distrained after the Michaelmas quarter, I think at the beginning of June—there was some furniture there which was sold for £8 2s., the costs were £3, so I got £5 2s., and there was money owing for gas.
Cross-examined. The prisoner was away for about two months in the spring, Leech told me, with a broken ankle—Leech carried on the business while the prisoner was away—I do not know that while the prisoner was away Leech sold some furniture.
HARRY TILMAN BROWN . I am a cashier at the London and County Bank, Edgware Road—on December loth, 1903, Elrick had an account there, and on that day he drew out notes and gold for £100; the notes were for £10 each. Nos. 42,349 and 42,350 and 8,101 to 8,108—on January 6th, 1904. he drew out twenty £10 notes, Nos., 51,385-51,400 and 4,801-4,804.
GEORGE AUCUSTUS JAMES POLLEN . I am accountant at the National Provincial Bank, Baker Street—Wansbrough &Co., of 10, Upper Baker Street, had an account there; it was opened on January 19th, 1903, with a deposit of £35, and either Walter Leech or Thomas Charrington had the right to draw—this is a certified copy of the account—on January 5th, 1904, I find £50 was paid in in bank notes—on January 7th, £180 was was paid in in notes—(MR. BODKIN staled that the Nos. tallied with those given by MR. BROWN.)—on January 8th, the credit balance was £529. which included the £50 and the £180—without that £230 there was £299 in the bank—on January 9th, a cheque to Thomas for £349 19s. was presented and paid, which reduced the balance to £179 odd; to make up the £349 19s. £50 19s. of the £230 was used—on February 16th, the credit balance had sunk to 9s. 7d.—on March 8th it was £1 0s. 11d., and after that the account was overdrawn £8—the account was then transferred to our law department to put the books right—we did not give up our right to recover—after January 9th on the debit side I find that most of the cheques are either Wansbrough or Charrington—there is
one item "Cheque returned £80"—there is one to Leech of £10 10s. on January 26th—there is nothing more to Leech till February 9th for £1—the most substantial item drawn out after January 9th is 'the £122 10s. to Ford—I have seen the prisoner on several occasions in the bank—I knew him as a partner of Leech—I think Leech came to the bank as a rule to pay in and draw out.
Cross-examined. I did not see them sign the book—I generally refer signatures—if a cheque had come in from Wansbrough &Co., I think I could say by whom it was drawn by comparing it—I do not know that most of the cheques which went through the bank were drawn by Leech—I have not examined them for that purpose—where a cheque is put down as paid to Wansbrough, that would mean a cheque which might be presented by Leech or Charrington; we should pay either—they occasionally had a balance of £400 or £600—on the page of the account beginning January 2nd 1904, I only see the prisoner's name twice, for £14s. 4d. and £10 10s.—on February 5th, I see Wansbrough £5, Charrington £5—I know the prisoner broke his ankle; I do not know the date—Wansbrough's cheques may have been more often presented by Leech than by the prisoner.
Re-examined. On November 11th I see the credit is £500, and on the same date on the other side there is a cheque to Gibson for £500—that looks like an exchange—I do not know the writing in the counterfoil paying-in book on September 25th—I see £50 to Thomas and then £150 Thomas, and on October 23rd another £50—with the £200 there is £607 14s. to Thomas.
ALBERT DRAPER (Detective-Sergeant D.) I received a warrant in this case—I arrested the prisoner on October 11th, about 9.30 a.m.—I read the warrant to him, and he said, "This is a grave matter; do you know the other man?"—the warrant refers to Leech; I said, "I have seen him"—he said, "He is a spendthrift, and the money was used to pay his debts; I saw him five or six weeks ago at his house, and made him write a letter to the creditors taking the onus upon himself, and amongst them one was sent to Mr. Elrick. I am very sorry for the man. I had an accident at the beginning of February, and have not been able to do anything since"—I went to 104, George Street, where I found some books and papers of Wansbrough &Co's.—the prisoner had recently taken on another business as an hotel valuer, and was carrying it on there as Magge &Co.—I found the bank pass book, paying-in book, cheque books, the duplicate agreement as to the sale of the Blue Lion, a brief for the prisoner in the action of Mr. Thomas, an agreement with Mr. Gibson, a bankruptcy notice from Ford & Ford, some County Court summonses, a letter from Messrs. Knapp & Fisher, solicitors, demanding repayment of £20 deposit, and a number of other letters to the same effect—I also found at his house in Edgware Road certain letters like the one of July 5th, and worded in exactly the same way—one is to Mr. Crisp, and others are not addressed; they all contain the word "unwarrantable" written in in the prisoner's writing—there is also a list of creditors in his writing.
Cross-examined. All I know about his having bee a ill in the beginning of the year I have heard since—when he made the statement to me about Leech, Leech was dead—I arrested the prisoner on the Tuesday. and Leech died on the previous Saturday.
DOROTHY TAYLOR . I am married, and am a daughter of the late Walter Leech, formerly a member of Wansbrough &Co., of 10, Upper Baker Street—he died on October 8th—I am at present in the chorus of a pantomime at the Coronet Theatre—my father was ill for some time before his death; he was very ill in July—I have always lived with him; I have been married a good while—I remember these letters being written; my father was then too ill to go out—he was told not to go out by the hospital doctor; he had a bad heart—the prisoner came and saw him in July; I was in the room—the prisoner asked my father why he had not been out to business that morning; I told him father was not well enough to go—the prisoner said he ought to go out and face the music—I do not know what my father said, but I know the prisoner was very abusive—he asked my father to write these letters, taking the blame on himself; at first father said he would not—the prisoner seemed to get in a temper about it, and raised his stick—I interfered, as I was afraid for my father's health; I (old the prisoner that if he spoke quietly it might be settled, and the result was father wrote them—I advised him to, so that the prisoner might go—they were written, and the prisoner went away, saying he would come back for them, but I had to go out about an engagement—I am not certain if anything was said as to how many letters were to be written—from February till the time of my father's death my mother and I had only the money allowed to me every month by my husband; he is an engineer, and was in New Zealand; he came home in February—from February till June my father did not bring home any money from Wansbrough &Co.—I and my sister were supporting the house; we had to pawn things to keep the place going; we were at that time in great poverty and great straits for money—I remember the prisoner being ill with his bad ankle—after that he came and saw father again, and said that at the time of the accident he had £200 in his pocket, and asked my father why he could not have saved the same—I cannot remember the date of that—I do not know what my father said when the prisoner said that—he had not got £-200.
Cross-examined. I know the prisoner was laid up during March and April—he did not come and threaten my father during that time; my father was not very well then, but he used to go out.
The prisoner's statement before the Magistrate: "It is entirely through the wilful extravagance and dastardly conduct of my late partner, Mr. Leech, that I am in this unfortunate position. There was no fraudulent intent on my part in this matter, and I paid Mr. Leech's liabilities as well as my own, till I could pay no more."
GUILTY . Twelve months' hard labour.
FOURTH COURT.—Friday, December 16th, 1904.
Before Lumlcy Smith, Esq., K.C.
MR. FITZGERALD Prosecuted; MR. COHEN Defended.
JOSEPH EATON . I am a licensed porter in the Central Meat Market, Smithfield—in the early morning of November 4th, the prisoner, whom I know well by sight, came up to me in the market and said, "Are you doing anything?" I said, "No"—he said, "Do you mind doing me a round?" and I said, "No"—he said, "Go and get two pigs out of Keevil & Weston's, in the name of Cotton"—I went there and Moses Bernard gave me two dead pigs—I came outside the shop, and seeing the prisoner. I said, "Where are you going to have these two pigs?"—he said, "Follow me, and I will show you"—he took me to Eastman's cold air store—there was a large truck outside, and he told me to put them down there, which I did—he then gave me 3d., and I went to where I generally work—I was arrested for having obtained the pigs by false pretences; I was remanded first and eventually discharged.
Cross-examined. The reason that I recollect that morning so well is that I was taken to the Snow Hill police station on the Tuesday morning after, in consequence of what happened—I do not suggest that the prisoner told me that the pigs were his.
CHARLES WRIGHT . I live at 1. Clifton Terrace, Finsbury Park, and am in the employ of Edward Cornell, meat carrier—between 8 and 9 a.m. on November 4th I saw two dead pigs on a truck outside Eastman's—I saw Eaton outside there, but I did not see him do anything—I saw the prisoner take the pigs off the truck, and go away—I do not know where to.
Cross-examined. I have lost my license—a good many men have lost their licenses—there is a lot of pig lifting going on.
MOSES BERNARD . I am a salesman in the employ of Keevil & Weston, meat salesmen and poulterers in the Central Meat Market, Smithfield. and live at 87, Murray Street, New North Road—on the morning of November 4th a customer who trades under the name of Cotton, but whose name is George Trueman, came into the shop and ordered two pigs, giving his came as Cotton, as usual—I weighed them for him—he did not give me any instructions as regards them—it is a regular thing for the customer to send a porter to fetch the things—Eatotn, whom I knew by sight, came in afterwards and said, "I want two pigs for the name of Cotton," and in consequence of that I delivered them to him—their value was £3 12s.
By the COURT. This was about 7 a.m.—I do not think it could be seen from outside that anybody was buying pigs-Eaton came in about 8.15 and Cotton came in again about ten minutes after.
November 4th I went to the Central Moat. Market, and amongst other meat I bought two pigs from Keevil & Weston—I never give any instructions as to their being: fetched unless it is something special—later in the day I sent the licensed porter I usually employ to fetch them—within a few minutes after I saw him again, and he made a statement to me—I never got my pigs—I never authorised Eaton, or anybody else hut my regular man to fetch them.
WILLIAM PARODI . I am a licensed porter in the Central Meat Market and live at.33. Dorinda Street, Finsbury—between 8 and 9 a.m. on November 4th I saw two pigs on a truck outside Eastman's, in Charter-house Street—I was going over to the meat market with some beef when I saw the prisoner making his way towards Aldersgate Street with two pigs on his back—on going back to Eastman's, I found that the pigs had gone, but the truck was still there.
Cross-examined. This was not a dark morning—I have known the prisoner by sight for three years—Wright called my attention to the circumstance at 11 a.m. that day, and then it came to my mind that I had seen the prisoner—I believe there arc a good many men who have lost their licenses, and that there is a good deal of pig lifting going on—I have not lost my license—I told Wright, who works for the same man as I do, that I had seen the prisoner—I was not required by anybody to give evidence at the Police Court.
MR. COHEN submitted that there was no case of false pretences made out to go to the Jury, but was overruled by the Court.
The prisoner, in his defence on oath, said that during the whole of November 1th he was looking for work and was nowhere near the Smithfield Meat Market.
GUILTY . He then
PLEADED GUILTY to a conviction of misdemeanour at this Court on December 16th, 1902. Twelve months' hard labour.
MR. A. GILL Prosecuted: MR. PETER GRAIN Defended.
JOHN FINLAY . I am the proprietor of a temperance hotel at 36 and 37, Queen's Road. Brighton—in the first week of September a foreigner giving the name of Martin came to my hotel—he was a man about 5 ft. 10 ins tall, with a dark red complexion and a soft, dark, almost black, beard and moustache, who stooped rather, and looked about forty-live—he spoke French and German, but I could not understand his English; I conversed with him in German—as far as I can remember he came on September 3rd, and I am certain he left, on September 8th—he told mo ho was expecting some letters and a parcel, and there was a letter which came for him by hand, and a small parcel, which I could see from the printed label came from Messrs. Barrett—I cannot say whether he received more letters; this is the only one I saw in the case, with a glass door to it, which is locked, and where the letters are in the ordinary course put—I asked him if he had had it, and he said he had—he did not say anything about the contents of the parcel—he did not sign the visitors' book.
WILLIAM JAMES STANDEN . I am a boots at MR. FINLAY'S hotel, 36, Queen's Road, Brighton—I remember a man named Martin coming to the hotel in the first week in September, and also a parcel directed to him being delivered by the railway carman while he was there—it was put in the lobby, and when he came in he took it upstairs—on the evening of the same day he came down stairs with two new bags, and left the hotel.
ALLAN GEORGE WEST . I am correspondence clerk to Barrett & Sons. 63 Piccadilly—this order form (Exhibit D produced), which is with our catalogues that we send out, was sent to us, dated September 3rd, 1904, in the name of G. Martin, 36 and. '57, Queen's Road, Brighton, and ordering a letter case and a card case, coming altogether to £1 18s. 6d.; it. Enclosed 100 frs. and said, "Enclosed please find 100 frs., which kindly exchange, deduct £1 18s. 6d. and forward goods and cheque for balance at your early convenience"—not having the goods he mentioned in stock, I sent four articles on approbation on September 5th, of which he returned two on September 7th, retaining two, which cost £1 7s. 6d. and £1 2s. 6d., £2 10s. altogether—I then deducted that amount from the exchange value of the 100 frs., and made out this cheque for £1 8s. 7d., the balance; that is signed by Robert Barrett "A. Barrett & Sons," and it is on the London, City, and Midland Bank (Exhibit B produced)—I sent a letter with the cheque—this letter, although like the letter paper I sent with the cheque, and headed "A. Barret & Sons, 63 and 64, Piccadilly, London," is not our letter paper at all; it is a forgery; the water-mark on this is "Gutenberg," whereas ours is "Boyd" (Exhibit C produced)—when at the Police Court I identified a letter wallet shown to me by the police as one of the cases I sent to Martin.
HARRY FENSHAM . I am in the employ of the London. City, and Midland Bank, at the "Old Bond Street branch—on September 10th a man presented this letter ordering a bearer cheque book, dated September 16th, signed, "A. Barrett & Sons," and requesting us to debit their account (Exhibit C produced)—I believed it to be a genuine signature, and I gave the bearer a cheque book, Nos. 27,001 to 27,100—this cheque for £.'384 16s. 3d. is taken from the middle of that book (Exhibit A. produced).
By the COURT. The man put his name, Beuci, on the letter.
Cross-examined. It was early in the afternoon that this happened.
JOHN SIDNEY ELLEN . I am a cashier at the Old Bond Street branch of the London City and Midland Bank—on September 17th this cheque No. 27037 for £384 16s. 3d., dated September 16th and purporting to be signed by A. Barrett and Sons to G. Harris, and also endorsed "G. Harris" (Exhibit A. produced) was handed to me over the counter by a man who was afterwards found to be named Shoemokolckin—the signature did not seem so clear as it ought to have been, so I kept the man waiting while I referred it to the manager, who communicated with Mr. Barrett—in the result it was not cashed—the man remained in the bank for some time, but while the manager was gone to see Mr. Barrett he walked out and the messenger was sent after him and he was brought back
—the police were communicated with, and on Inspector Drew's arrival he was given into custody, and I charged him at Vine Street police station.
Cross-examined. The cheque was presented at 12.35 p.m.
ROBERT JOHN BARRETT . I am a member of the firm of A. Barrett and Sons, brushmakers, of 63 Piccadilly—this cheque for £1 8s. 7d. (Ex. B produced) is a genuine cheque and is signed by me—this cheque for £384 16s. 3d. (Ex. A produced) is not my cheque; the signature is similar to mine but I did not sign it, and it was not drawn with my authority—this letter ordering a cheque book purports to be signed by me, but it is not, and was not signed with my authority—the letter paper resembles mine—we never typewrite orders for cheques, and this is typewriter.
JOSEPH GRAHAM . I am in the employ of the Returned Letter Office Department of the Post Office—on September 20th, this letter addressed to M. Robin, 222, Rue St. Denis, Paris,' and bearing the London postmark E.C., and also a French postmark, came into my possession—I opened it, and found inside Mr. Barrett's cheque for £1 8s. 7d., and two pieces of paper, on one of which was "Please to supply bearer cheque book containing 500 cheques. "
ABRAHAM WOLFF SMITH . I am a butcher of 4, Crispin Street, Spital-fields, and I knew the prisoner some time in October last; he came to see a lodger in my house—he also saw me and asked that if any letters came addressed to "Robin," would I hold them till he came—I knew him by the name of Rabinowitz, 17 years ago. and I bad not seen him for years—I cannot say where he was living—some letters came for "Robin"; I cannot say how many; he generally waited till the postman came, and then went away—I only saw one letter delivered to him—since he has been in custody a post card came, addressed to "Robin," which appears to be from a female, asking why she did not receive any news.
Cross-examined. On one occasion I saw a letter delivered to him when the postman came and he happened to be in the shop—it may be that he arrived from Paris on October 12th, but I cannot say; he told me he had come from Paris—I did not see how the only letter I saw him receive was addressed.
Re-examined. "When the postman came en that occasion he called out. Robin," and the prisoner took it.
PERCY HERBERT POUND . I am a partner in the firm of John Pound &Co., portmanteau and trunk manufacturers, of I, Leadenhall Street, E.C.—we received this letter (Ex. K produced), sent from 36 and 37, Queen's Road. Brighton, dated September 3rd (Bead): "Dear Sirs.—Kindly send at your earliest convenience a Gladstone tag, length 18, price about 50s., stout hide, Oxford frame, lined leather: and a brief bag, hide, length 12 inches, lined red leather, price from 10s. to 12s. I enclose 50 dols., which kindly exchange, deduct the amount, and send goods and cheque for the balance to above address, oblige—Yours truly, G. Martin." containing a.10 dollar note—the goods were dispatched, together with this cheque for £6 17s. 1d. (Ex. G produced) on the London, City and Midland Bank to G. Martin, and signed "John Pound &Co." dated
September 6th—the cheque was duly paid by our bank, and it is endorsed G. Martin."
ADOLPH SACHSENHAUS (Interpreted.)—I keep a small boarding at 4, Rue de la Verrere, Paris—I have known the prisoner for 5 or 6 years by the name of Maurice; it is customary to use the first name only in our country—on September 10th the prisoner, who was with another man whom I did not know and who was stout, rather tall, about 35 years of age, with a black beard and moustache, handed me this cheque for £6 17s., 1d. (Ex. G produced), saying that he had no money and could I cash it—I said I could not cash it before enquiring whether it was good, and he left it with me—I went to the Credit Lyonnais, where I am known, and enquired whether the cheque was all right—on September 14th, having got the money from the bank, I saw the prisoner, who was with another man, and I gave him the money—I know Madame de Renton, who lives at 228, Rue St. Denis; I do not know her Christian name—when I used to keep a restaurant the prisoner brought her in two or three times to dine—I do not know by what name he addressed her—I see her sometimes when I go to the market.
Cross-examined. It was about five years ago when I saw the prisoner at my restaurant with this lady—the prisoner did not say when he handed me the cheque that he wanted it for the man who was with him—nothing was said when I handed the prisoner the money—I deducted a few francs which he owed me for board, and one franc commission for cashing the cheque—I bad never seen the black bearded man before, nor have I ever seen him since—it was the same man with the prisoner on each occasion—I did not see the prisoner again after September 14th, but my wife told me he asked credit for 75 francs the day afterwards—I do not know that he was in Paris after September 14th, because I am never at home—I saw him five or six or eight days after perhaps in the street in Paris, but I did not speak to him.
Re-examined. The prisoner did not say anything at all to me about the other man—the prisoner had incurred 13 francs for board while he was waiting the four days for the cheque to be cashed—I had not written him any letters after this date to England.
FREDERICK BROWN (Detective Sergeant, New Scotland Yard.) On November 14th I went to a restaurant in "Whitechapel, where I saw the prisoner sitting at a table writing a letter—I took it away from him (Ex. N. produced) and told him that I should take him to New Scotland Yard on suspicion of uttering and forging a cheque, and he said. "All right"—I took him to New Scotland Yard, and he was there handed over to Inspector Drew.
Cross-examined. On the way to Scotland Yard he said, "I know nothing about it."
ADOLPH SACHSENHAUS (Re-examined). (The letter, Exhibit N, was read; it bore the address "4, Crispin Street, Spitalfields," dated November 11th, 1904, to "My dear Mariette" by the prisoner and stating that he had that morning received a letter from Sachsenhaus telling him to go to Paris at once as there was 25,000 francs worth of stuff there for him, but that he had
written him saying that he had not the money to pay for his fare nor for the merchandise, and asking him to try and get it on credit, and asking her to go and see Sachsenhaus)—Mariette 'is Madame de Renton, of 228, Rue St. Denis.—I had not written a letter to the prisoner about that time—about six weeks ago Madame de Renton came to see me, and told me that somebody had come from London, and that the prisoner had no money.
By the COURT. My wife told me that the 75 francs credit was given for the meals, the prisoner had between September 10th and October 11th.
Cross-examined. I sometimes do business in selling pawntickets.
EDWARD DREW (Inspector.) On September 17th I was called in by the London City and Midland Bank, Old Bond Street, and a man named Shoemokolckin was handed over to me—I searched him and found this letter case upon him, which was afterwards identified by West (Produced)—he was brought up before the Magistrate, and was remanded—after making enquiries, and on their being communicated to the Magistrate, he was remanded—on November 14th, at New Scotland Yard, the prisoner was brought in by Sergeant Brown, and I took him into custody—I told him that I should charge him with being concerned with a person named G. Martin in forging and uttering a cheque for £384 16s. 3d. on September 17th, he said, "I know nothing at all about it"—I searched him and found a torn up letter in his pocket, which I have put together and stuck on a piece of paper; it is incomeplete (produced)—I saw it contained the name of Sachsenhaus, and I told the prisoner that a cheque had been traced to Martin, which had passed through Sachsenhaus's hands, and that it was singular that that name should be on the letter; he said, "I know that man as a restaurant keeper in Paris, and I was I here in April last"—I told him that I should have to take him to Vine Street police station where he would be detained whilst I sent to Brighton for other witnesses to come and identify him, and that was done—the witnesses from Brighton came the following morning—when I asked him his name he mentioned some foreign name, and I told him to write it down on this piece of paper which I supplied him with (Ex. P. produced)—he was taken before the Magistrate and remanded, while Sachsenhaus was being sent for—on November 23rd Sachsenhaus came to the Marlborough Street police court—the prisoner was put amongst some other men and told that he was to be identified as the man who cashed the cheque in Paris on September 10th with Sachsenhaus; he said, "I was not in Paris in September at all"—as soon he was seen by Sachsenhaus on that day the prisoner immediately stepped out of the ranks and shook hands with him.
Cross-examined. The witnesses from Brighton identified him on November 15th—he said he was in Paris in August, and when I told him that he was to be identified for having cashed this cheque in Paris in September with Sachsenhaus he said he was not in Paris at all—I am sure he did not say he was in Paris, and not in London in September—I cannot say that he was in Paris in September.
By the COURT. I told him that there was also this cheque, which had
been alleged to have passed through his hands and that he denied—the letter Brown found him writing in the restaurant seems to be a copy of the one found torn up in his pocket.
THOMAS HENRY GURRIN . I have had 20 years' experience of examining handwritings—I have compared the signature on the cheque marked "B" for £1 8s. 7d. of Barrett and Sons with the signatures on the cheque for £384 16s. 3d. marked "A" and the order form for a cheque book marked "C," and I believe the signatures on "A "and "C "were both modeled from the signature on "B"—my reasons for saying that are that the entire measurements of the signatures are practically identical, so much so that a tracing of the signature on "B" practically corresponds with the tracing of the signatures on "A" and "C"—the undulation of the letters corresponds exactly in the three signatures and the distance between each letter is practically identical—the resemblance is too close, showing they are traced, and that is borne out by the fact that on examining the signature on "A" there are still to be found traces of bluish pencil, showing that it has been traced—you never find two signatures exactly alike as these are—over the top arch of the "A" there is a blue pencil line and again over the top arch of the "B"—it was rubbed out as far as it could be; the tail of the "B "has been painted, and the "B" is not a clean stroke all the way through on the forgery, whereas it is a clean line in the original—I have had the letter marked "N" produced by Brown, and also the torn-up letter found by Drew, and I have compared the writings on these documents with something written after the prisoner was in custody—I cannot profess an opinion as to their being the same, but there are resemblances—I should not have taken the letter "N "and the document "P" to be written by the same person; the writing on "P" seems to be distorted—"N" is better handwriting than "P."
Cross-examined. "N" is in French and "P" is in English—a man writing in a foreign tongue may not write so fluently as he would in his own language; I do not know what the prisoner's knowledge of English is
Re-examined. The "P" in one document is a straight stroke, and in the other it is made with a curve above, and the spelling of "Sachsenhaus" is different in the two documents.
The prisoner, in his defence on oath, said that he was in Paris during September till October 11th, and that one morning he was in a cafe speaking to some travellers, when a man, mistaking him to be an Englishman, asked him to change a cheque for £6 17s. 6d., which he did through Sachsenhaus, telling Sachsenhaus to keep the few francs, his (the prisoner's) commission, for the board that he meed him; that he handed this man the balance, and never saw him again; that he had nothing to do with the £384 16s. 3d. cheque, and that he was so confused at the police station, that when he said he was not in Paris in September at 228, Rue St. Denis, he meant that he was not in London; that he knew Madame de Renton at 228, Rue St. Denis, five years ago, but he had never lived there: that he had adopted the name of Robin, as being an abbreviation
of Rabinowitz; that the reason probably why a letter was addressed to Robin, at 222, Rue St. Denis, was that the man Martin, finding his endeavour to pass the £384 16s. 3d. cheque a failure, had sent a letter haphazard to pass 80 that it might fall into the hands of (he police, and lead to his arrest. and that he had witnesses in Germany to corroborate his statement.
NOT GUILTY . (See next case).
MR. A. GILL for the prosecution offered no evidence.
NOT GUILTY .
NEW COURT.—Saturday, December 17th, 1904.
Before Mr. Recorder.
96. GEORGE ALFRED SEAGRAVE (27) and ARTHUR HAROLD CRITCHLEY (20) , Conspiring together to cheat and defraud Emanuel & Sons, and Farwig, Johnson &Co., of their goods and chattels. CRITCHLEY PLEADED GUILTY .
MR. POYNTER Prosecuted.
HERBERT GREY (Detictive D.) From information I received, I went to the Great Central Hotel on November 24th, and saw Seagrave outside—he went and spoke to a carman, Darned Horton, whose van I followed—Seagrave had been waiting about a minute; he and the carman had some conversation: the carman then got down and handed Seagrave a waybill—I went across the road and told Seagrave I was a police officer, and asked him if he represented Messrs. Thomas Free & Sons, road contractors of Maidenhead—he said, "Yes"—the van did not belong to them, but the lead in it was supposed to come from them—the van belonged to a man named Lomax and Horton was his carman; I said to Seagrave, 'What position do you occupy there?" he said he was a clerk—I said. "Have you been authorised to order and receive this lead"'—he said. "Yes"—I told him I did not believe his story, and I had information that it was not correct—he said, "No, I am ordering it for another man who is over the road"—he then conducted me to a hansom in the Marylebone Road, where Critchley was sitting—I asked him to get out. and told him I was a police officer, and added, "This man says you directed him to order the lead"'—Critchley said, "No, I did not, he ordered it"—Seagrave made no reply—I then asked Critchley if he represented Mears. Free & Sons, of Maidenhead; he said, '"Yes"—I asked him what position he occupied there, and he said he was a clerk—I asked him if he was still in the employment, and he said "Yes"—I told him I was not satisfied with his statement, and he would be taken to the Nation—I took them both it to custody, and they were subsequently charged—they made no reply—they both gave a false address—on Seagrave I found £9 in gold.
Cross-examined by Seagrave, You said you were a clerk to Thomas Free.
WILLIAM DIXON (Detective D.) I was with Grey an I heard Sea grave say he was a clerk to Messrs. Free & Sons—I searched Critchley and found on him £3 10s. in gold and 16s. 6d. in silver, two pocket books and a knife.
THOMAS HORTON . I live at 43, Willow Street, Westminster, and am carman to Lomax Brothers—about 3 p.m. on November 24th I took a letter to Messrs. Emanuels to get some lead—I delivered the letter to a clerk, and I got an order to receive the lead—I took into my van just a trifle under a ton—I took it to the Great Central Hotel—I do not know whore it was going to—Emanuels is at Marylebonc—my master told me to "o to the Great Central Hotel—he did not mention Seagrave's name—when I got there I met Seagrave, who asked me if I had got the lead—I said "Yes," I was given this voucher to give to Seagrave—I thought. he had authority to receive the lead—I was with him when he was arrested—I heard him say what he was—I had first seen him on November 24th at our office—I saw Critchley at the police station.
ALFRED EMANUEL . I am a metal merchant of 13, George Street, Manchester Square, and trade as A. Emanuel & Sons, Limited—on November 24th we received an order from Horton; (Read) "Please deliver to carman 2 tons old lead as per our telephonic message at £11 10s. less 2 1/2 per cent, cash in seven days, and oblige yours faithfully, Thomas Free & Sons."—we had had a telephonic message that day—I did not know Thomas Free & Sons, but we had had a previous message—I took the order from the carman; it purports to be on their paper—I asked Horton where he was going to deliver the lead to; he produced a piece of paper on which was written 'G. Seagrave. Collect at Emanuel's George Street; call at Great Central Hotel; meet a gentleman, horse, van and man"—I supposed it was all right—we had made inquiries about Free the day before and had had satisfactory references—I told Horton to load up, and then went to Marylebone Lane police station and saw the inspector; that is why the lead was followed—I went with the police to the Great Central Hotel and saw the two men taken into custody—I heard Seagrave at first say he was in the employment of Free—the detective asked him to come and have it verified, and then he said he was not in the employment, but was acting for a man from Free.
EDWARD FREE . I am a contractor, of 3, Grenville Road, Maidenhead—this order is not signed by us or by our authority—we never authorised Seagrave to get this lead, and he has never been in our employment; this order is on our paper, but is a forgery—Critchley was in our employment; he was discharged on October 1st, because he did not answer our purpose—he could not do the things we required him to do, not because of any dishonesty—while he was in our employment we found him perfectly honest, and he came to us with a good character—I dismissed him and gave him a week's money—while with us he had access to these billheads with our name on.
for a van to convoy some lead from Messrs. Emanuel & Sons—he gave me an order which I gave to the carman—Emanuel's had it—Seagrave said he would see the carman at Emanuel's—another man who I cannot identify was on the kerb outside.
ERNEST WILLIAM THORNTT . I am the last witness's brother—on November 23rd, he gave me a sealed envelope with certain instruction—I went with two vans to Messes. Emanuel's and delivered the envelope to the clerk—I received two tons of lead—while I was loading Seagrave's came up; I did not sec Critchley—Seagrave asked me if I had got the lead: I said, "Yes"—he said, "You have been a long time"—I said, "Yes I have had to wait"—he said, "I want you to go on, and the van will come after wards"—he got into the van and rode with me to Westbourne Park, to Lilleshaw's Collieries—I stopped there by Seagrave's order—the lead was carried through the weighing room and taken in—I got there at 5.50 p.m.—Seagrave paid 9s. for the vans—Critchlcy also rode on the van with me.
JOHN HARVEY . I am a clerk to Messrs. Emanuel &Co., of 13, George Street—on November 23rd I received an envelope Lorn MR. THORNETT, containing an order—I took it to Mr. Alfred Emanuel, who gave me certain instructions—I gave the order to Harry Garrould.
JOHN SLATER . I live at 53, Lydford Street, St. Peter's Park, and am a clerk at the Lilleshaw's Colliery Co., Westbourne Park—on November 23rd I saw Seagrave there, just before 6, he handed me a card with "Nothing succeeds like success," and the name W. Bullock &Co—my manager had told me that I was to pay a man who brought a card with W. Bullock &Co. on it for two tons—I was to pay 11s. 6d. per cwt—Seagrave and Critchley were both present—I paid them £22 on account; this is the receipt—we are coal owners and masters, and metal merchants, as well as ironfounders—the total value was £22 Ss—there was a dispute about it, and as he was going to bring in a load of iron he said he would leave the balance until the morning.
HENRY SMITH . I am a carman to Mr. Carpenter—on October 26th, I went to Farwig & Johnson's in East India Avenue with a van—I went to Black Eagle wharf, Wapping, and received a ton of zinc which I took to Seagrave's workshop at Burns Road, Harlesden—Seagrave came up after we had unloaded the van, and we went into Harlesden High Street and had a drink—Critchley was there all the time; he came to East India Avenue and then went to Harlesden with me—I did not see any vans up at Burns Road—I saw Critchley and Seagrave in Oxford Street, and they gave me the address at Harlesden—Seagrave was not there when I arrived: he came up and went into the house—I do not know what he did there—I waited outside until he came out: he paid me 10s. for the cartage—I went to Praed Street on another job—I saw Critchley about a month before, when I had done another job for him, carting zinc.
£26 and 2 1/2 per cent, off—I afterwards paid £25 7s. 6d.—I had an order from him for two dozen chimney pots—he asked me to get on with them, but I wanted the money first—I said I had not enough zinc—he said, "Have a ton oft me"—I gave him an order for it—Critchley was with the van when it was delivered—I helped Smith and Critchley to unload the van—I asked him if he had a delivery note, but none was shown to me—after I paid Seagrave £25 7s. 6d. I did not see him for about a fortnight—I supplied him with a dozen chimney pots, for which he paid me.
REGINALD LONG . I am manager to Messrs. Farwig. Johnson &Co., 7, East India Avenue—the value of a ton of zinc is £26 7s. 6d.—I instructed my clerk to write an order for some to be collected at Black Eagle Wharf, Wapping; this is it—we had a telephone message purporting to come from Wheeler & Sons, Notting Hill—they are not customers, but we knew them very well and were very pleased to make an opening.
WALTER WHEELER .—I am an engineer, of la, Victoria Gardens, Notting Hill Gate—Seagrave was in my employ from January to March this year as a metal worker—he calfed on me about six weeks ago about a reference—he had not access to our billheads in the office, but at the works he could have got them—about two days after he called I missed four blank delivery notes—I did not give an order by telephone and subsequently confirm it by seeding one of our orders for the delivery of two casks of zinc.
R. LONG (Re-examined.) The carman brought the order—unfortunately it has been mislaid.
Seagrave's statement before the Magistrate: "I did not take those delivery notes from Mr. Wheeler's. I did not go further than his step when I asked if he would give me a reference: he said he would. "
Seagrave, in his defence on oath, said that he was about to push a valuable smoke cure, and that Critchley wished to have something to do with it; that they had no money to do it, so the outcome was their little conspiracy, and he supposed they were combined in the transaction, and that until the last two months he had carried on a straightforward business.
GUILTY. Recommended to mercy by the Jury. The police stated that there was another warrant against Seagrave, but that if that was taken into consideration now it would not he proceeded with. Nine months' hard labour.
CRITCHLEY, who received a good character— Six months' hard labour.
MR. R. B. MURPHY Prosecuted.
and am a ship's fireman—on Tuesday, November 29th, I was at the Cambridge Muste Hall—I cunt' out into a back street, and lost my was I was by myself—I then went into a public house, which I afterward heard was the Horn of Plenty—the prisoner and another man were in another partition; I was in a partition by myself—they came round and asked me to give them a drink—the prisoner was not doing anything when he came round—I gave them two glasses of ale each: I hid one—the prisoner said his name was George Golden, the champion bottle carrier of the world—he then went outride and played a mouth origin, leaving the door half open—he came back again: as I went out he came after me, and caught me by the throat on the pavement; he put his, knee in the middle of my back, and his hand in my breast; his. mate was still with him, and I heard the prisoner tell him to come on—his mate took my watch and chain off me, and what money I had, while the prisoner held me—my watch was in my waistcoat pocket; my coat was buttoned—this was about 10.30 p.m.; nobody was in the street—I called "Police" and "Murder"—they ran away and left me lying on the ground—I got up and saw a constable—I told him something, and next day I went to the police station in Commercial Road; I was asked to pick out the man who had assaulted me—there were ten or eleven men there—I came out of a room and they were standing with their backs towards me—as soon as I came out of the room I picked the prisoner out first by his back and then by his face—he had his hat on—a policeman told me to go and put my hand on the man I identified, and I put my hand on the prisoner at once—he is the man—I had given the police a description of the man just after the affair happened—I went to the police station and then to the London Hospital—I told the police that the prisoner had said he was the champion bottle carrier of the world, and that he had stolen my watch and chain-when I identified him he said that the boys would make me sit up for this—he said he might have been along with me in a public house and had a drink—I had not been in any other public house that night—I went straight from the house I am stopping at to the Cambridge—during the day I had had a walk, and then went back and had my tea and a sleep—I had a drink in the Cambridge, before I came out and a glass during the day—I did not see the prisoner then—when I saw the policeman I was still at the corner where I had been assaulted.
Cross-examined. I was not in the public house with two women when you came in—when we were in the public house you asked me if I had been in Dublin, and I said I had been further than you. as I had followed the sea—you did not perform any tricks in the public house; you only played on the mouth organ—there were no women there—I gave you a penny, but I did not ask you to play the mouth organ—you did not use any corks or tins.
I had arrested the prisoner in Brushfield Street at midnight before I saw the prosecutor—I arrested him, on the description I had received—I was patrolling outside the station and saw the prisoner—He is pretty well" known in the neighbourhood from doing tricks with bottles—I arrested him about fifty yards from the Horn of Plenty—I told him I was going to take him into custody on a description for assaulting a man outside the Horn of Plenty about 10.30 that evening—he said, "What, me! You have made the biggest mistake in your life; a million to one on it; I was never in is he Horn of Plenty; I was in the Rose and Crown and the Red Lion that night; I do not do that for a living; I am the champion bottle and wheel carrier"—each public house is within fifty yards of each other—I took the prisoner to the station, and the prosecutor was brought there from the London Hospital 'next morning—the prisoner was placed with ten others in a row—the prosecutor saw the prisoner's back first—I told the prosecutor-we had the bottle carrier detained—he picked the prisoner out—the men were as like the prisoner as we could get from the street—I believe two had soft felt hats, but not so large as the prisoner's—most of them had caps on—the prosecutor picked him out and said, "That is the man that seized me by the neck"—the prisoner said, "I have never seen the man before; you have made a bloomer this time. What public house do you say it was? I was in the Rose and Crown last night, nowhere else; I can prove it; yes, I remember you; I had a drink with you in the Horn of Plenty; I can prove I was in the Rose and Crown when this happened; I will make you sit up for this; the boys will make you sit up for this"—the prosecutor had said this had happened between 10 and 11—I searched the prisoner and found a mouth organ and some things he does his tricks with on him—I "did not find a watch and chain on him, and only 10d. in bronze.
Cross-examined. About 9.40 on this night I saw you with another man in a dark passage adjoining the Horn of Plenty—I am quite sure you said, "The boys will make you sit up for this. "
Re-examined. The prisoner goes about with a piano organ and carries a large five gallon jar on his head—then he carries a large cart wheel on his head—he gets his living that way—I should say he is a very powerful man—it is fairly light outside the Horn of Plenty—this night was rather dark and inclined to be damp—it was a dirty night—anyone could have a good look at a man that night—there was no fog about then.
ROBERT DONKEY . I am house surgeon at the London Hospital—on November 30 the prosecutor came into the hospital about 11.30 p.m.—I examined his throat, it was bruised-; I kept him there two days—he looked as if he had been assaulted—it would take a moderately powerful man to cause the injuries—a good deal of violence must have been used—the marks could have been caused by a man catching him by his throat and holding him backwards.
The prisoner's statement before the Magistrate: "I am innocent."
The prisoner; in his defence on oath, said that he was in the public house
performing some tricks and playing, that the prosecutor gave him 1d.: that he (the prisoner) went out and the prosecutor followed him: that he (the prisoner) returned to the house and stayed there thirty minutes after the prosecutor. that he had nobody with him: that then he went to the Rose and Crown, and saw a friend and asked him if he was going home; that an they were going home be' ass arrested: that he had not assaulted or robbed the prosecutor: and that if he had intended to he would not have told him his name.
THIRD COURT.—Saturday, December 11th, 1904.
Before Mr. Common Serjeant.
FOURTH COURT.—Saturday, December, 11th, 1904.
Before J.A. Rentoul, Esq., K.C.
WILLIAM DKAN (375 S.) About 4.45 p.m. on November 13th, I was an duty in George Street, Hampstrad Road, when I saw the prisoner leaning out of the front window of No. 37. shouting. Hi! hi! come up here"—I went across the road to I the house, and said, "What is the matter?"—lie replied. 'I want to get out of my room but I cannot, as there are three men, and they want to murder me"—I said. "come and open the door, and let me sec what it is," whereupon he replied, "'I cannot come out of the room as they are on the stairs"—rat that moment Mr. and Mrs. Heath, the occupiers, opened the door to admit me—in consequence of a communication from them I obtained the assistance, of—another constable, and we both went upstairs—I knocked at the door and the prisoner shouted. "Who is there" I replied, "Police'—he then opened the door and we went in—I said. "What is the matter? 'he replied. "There are. three men and they want to murder me, I want, to get out of this" I said. "What is it (hey want to murder you for?" lie replied. "I do nut know, unless it is over a will, or something, which I am expecting: I know my brother is amongst those three men in the next room: I have been watching them"—he then pointed to a place in the door which looked as if it had been cut by a penknife—I went into the next room and found it only occupied by one man—the prisoner was very excited, walking up and down the room—I tried to calm him, but owing to his statements and manner, I came to the conclusion that he was insane—I left the other constable in charge. And went to the station, and I and a Sergeant came back—we went into the room and—sat down a few minutes, and then the Sergeant went out—the prisoner opened the window, and as I thought he was
about to jump nut I said. "Do not open the window as I have got a cold"—lie said, "What is coming off now "to which I replied, "Oh, nothing; the Sergeant is searching the house for those three men"—he said. "'I want to see my landlady," and immediately picked up the lighted 'candle, and', before I could stop him ran downstairs—I followed, and when in the passage he turned and struck me on the chest with something, and escaped out of the front door—I followed him, he ran along George Street and I saw him stopped by another policeman: he began struggling—I caught hold of him with my left hand, and he again struck me with something towards my-side—we threw him to the ground—I then picked up this knife which fell from his hand (Produced); it was half open—we took him back to No. 37. to the first floor room—I went to look for my helmet which I had left in the house, when I felt a pain in my chest where I had had the blow—I took off my coat and on seeing blood on my jersey; I went to the hospital in considerable pain—I am still under treatment, and I have not recovered by a long-way.—
Cross-examined. The man in the next room to the prisoner was a lodger in the house, and there was no enmity between them—the impresssion the prisoner gave me at the time was that he was a little bit mad—he had a wild look about him.
OWEK WEBB (1 S). About."5.45 p.m. on November 13th, I was in Hampstead "Road, when I saw the, prisoner running along George Street pursued by Dean—as he approached me he lifted his left hand, and 1 seized him and threw him to the ground—as I did to I felt something cut through my tunic, and I afterwards saw this knife fall out of his right hand—the knife went through just to the skin—we took' him back to 37, George Street, and found he had been deemed a lunatic—he was sent to the infirmary, in the St. Pancras Workhouse—he was very violent, and I regarded him us a dangerous lunatic—I searched him and" found six cartridges on him—I asked him where the revolver-was, and he said at some hotel in Euston Road—I asked him for his name and he pointed to a pocked book containing memorandums, and his name was on a printed card—I said, You have cut my tunic," and I showed him a small cut, he said. "I did not mean to stab you."'
By the JURY. He had not the slightest appearance of drink.
ELIAS BOWER Inspector S.) About 'J.30 on November 15th I 'went to the St. Pancras Workhouse, where I saw the prisoner—I told him I was a police officer and should arrest him for unlawfully and maliciously wounding Dean by stabbing him in the chest with a pocket knife—he said, How is the constable "I said "He is progressing favourably"—he said, "I am very sorry if I injured him in any way as I would not injure a policeman; the fact that he had on a policeman's clothes does not prove that he is a policeman; I could put on an admiral's clothes, and say I am an admiral; I though he was one of the men. who had been watching me; I thought I saw something in his hand, and that he would murder me, therefore, I struck him first, and 'the knife went into his body I can assure you I did not mean to hurt him: I thought he was
my wife dressed up in policeman's cloths"—the knife went through a tunic, a guernsey, and two flannel shirts.
Cross-examined. I considered then that the prisoner was dangerously insane.
Re-examined. I produce a declaration made by the prisoner's wife and father in Belgium. sworn before a Commissioner of Oaths in French.
WILLIAM WHITE . I produce a correct translation of the statement made by the prisoner's wife and father, of which the most material point is that he is a violent man, and in 1900, in consequence of some money being refused to him by his father, he attempted to take his life by stabbing himself.
JAMES SCOTT . I am the medical officer at Brixton Prison and I frequently give evidence in cases of this kind for the Treasury—I first saw the prisoner on November 16th, and I have had him under supervision since—he was in a very nervous and excitable condition, and he made various statements as to being followed by members of secret societies—I considered he was labouring under a genuine delusion, and I then considered him to be insane—owing to the quiet life in prison he has improved considerably, but he is not right yet; he still has abnormal ideas and suspicions—his condition is due to excessive drinking—I should say that when this thing happened he was insane.
The prisoner asked to be allowed to address the Jury on his own behalf, and said in his defence that he had received warning that an attempt would be made against his life; that to his surprise he saw his father with a man and woman in Chancery Lane, believing him to be in Brussels; that he had lost sight of them: that the same night he heard noises in the next room and had called in the aid of the police; that on one occasion he threw a lamp at a man he found in his room; that on the Sunday next, after hearing noises in the next room to his own he bored a hole in the door and saw three men disguising themselves with moustaches and wigs; that he called in a policeman; that on finding nothing in the next room the policeman had asked him his name and said that he would be moved to a nice quiet place; that, feeling uneasy, he tried to open the window to shout for help, but not being successful he went down stairs, saying that he was going to have some tea; that then he dashed out into the street, and that he stabbed the policeman by accident.
Evidence for the Defence.
CLARA HEATH (by the COURT.) The prisoner came to lodge with me on August 27th—on November 10th he was in the hall with his lamp and I asked him what was the matter—he said there was some one watching him—I said, '"Where in the house?"—he said. "No; in the street'"—I said, "You must have made a mistake; go up to your bed"—he said, No; there is some one watching me"—I said, "If they are not in the house you have nothing to fear: go to bed;" and he went up to bed—on the Friday evening he came in and said, "I am very sorry: you must forgive me; I must have had a nightmare"—I said, "I hope it will not happen again"—he said. "No; it will not"—I took his lamp away from him on the Saturday night as I thought it was not safe, and
I put a candle in his room—the house is lit with gas—there was a young man boarding in the next room, and I have other lodgers in the house—I do not think the young man had ever seen the prisoner—the prisoner seemed to me to be all right.
By the JURY. He did not make a hole in the door.
GUILTY. but insane at the time. To be detained during His Majesty's pleasure.
MR. NICHOLSON Prosecuted.
JOHN DAVEY . I am an auctioneer, of 129, Church Street I one—about 3.30 p.m. on November 17th I had been to City Road and was coming down Finsbury Pavement when I heard a volunteer band, which was coming along London Wall around Finsbury Pavement towards City Road—I stood on the refuge by the corner of London Wall watching it when felt my chain fall out of my pocket; I put my hand in my pocket and found my watch had gone—I immediately turned round, and saw the prisoner about four paces to my right going up Finsbury Pavement—I started after him walking as he was, when he turned round and saw me, whereupon he began trotting, and I trotted some short distance after him—he again saw me pursuing him, and he ran as quickly as he could—he then gave my watch a swing with his right wrist, and sent it across the road—he took a zig-zag route and went across to Finsbury Circus, and then went off at a tangent to the South London Railway Station—I had previously called out "Stop thief"—I stopped him by catching hold of him by his collar outside the station and said, "You stole my watch"—he said "I have not got your watch"—I gave him into the custody of the police sergeant, who had come up—the value of the watch was £4.
By the COURT. There were a good many people about—I did not get my watch—I made no mistake as to the identity of the man.
Cross-examined by the prisoner. I said at the police station my watch was worth 20s. or 30s., but I ascertained afterwards it was worth £4, it being silver, whereas I thought it was only a metal one—it was a present to me—you were just stopping when I caught you—you did not resist.
Re-examined. The prisoner was about four to sis paces from me when he threw away the watch.
WILLIAM SCOTT . I am a check clerk of 11, Bond Street, Vauxhall—about 3.30 p.m. on November 17th I was in Finsbury Pavement, walking alongside a Volunteers' band, when I saw the prisoner turn his head and look back and start running—after he had run eight or nine yards I saw him throw a watch away and dodge in and out of the crowd—I tried to recover the watch, but failing to do so I followed the prisoner and caught him up at the corner of Short Street—he said, "I have not got no watch; let me go"—he struggled to get away, and then the sergeant came up.
By the COURT. The prosecutor arrived about a couple of feet in front of me—I had never seen the prisoner or the prosecutor before.
Cross-examined. I caught hold of you by your right arm and shoulder.
WILLIAM PENTOLD (Sergeant 41 City.) About 3.30 p.m. on November 17th. I saw some men running follow-my-leader fashion in Finsbury Pavement through a moving crowd that had assembled in consequence of the return of troops on the occasion on of the King of Portugal's visit they were the prisoner, the prosecutor and Scott—they crossed over towards Short Street root, and suddenly stopped when there was a struggle—the prisoner was in the middle of the prosecutor and Scott—I went up and the prosecutor told me that the prisoner had stolen his watch—I risked the prisoner where it was. he replied, "I have not got it,"—Scott said. "I saw him throw it away"—I took the prisoner to the station; on being charged he s. ud, "I was not in Finsbury Pavement."
The prisoner, in his defence on oath, said that he was walking in the neighbourhood of Fusbimy Pavement when he heard a band: that he was going up to see at when he was accused of stealing a watch: that he denied if, and offered no resistance, and that there had been a big mistake.
GUILTY . He then PLEADED GUILLTY to a conviction of felony at clerkenwell Police Court on May 3rd, 1899, and also to two other convictions He was stated to be an expert pickpocket. Judgment respited.
Before Mr. Justice Darling.
MR. MATHEWS, MR. BODKIN and MR. SIEPHENSON Proscuted; MR. PEIER; GRAIN Defernded.
THOMAS HOFFMAN I live at 11, Park Grove Road. Leytonstone, and am a coal merechant—the prisoner, who is my brother, was my partner—we were both unmarried—we both lived in the house, the deceased acting as our servent or housekeeper—she was the only female employed—her wages were 5s. at week—she slept on the premises—she had nothing to do with the business—there is shop, and at the back of it is a parlour and a kitchen on the same level as the shop—in the parlour there are some steps down to a cellar which is used for storaire—the prisoner and I used to keep mono in the house in a cash boy which was always kept Looked—we were in the regular habit of counting it over on Sundays—the decased know we did that sin used to go out after Sunday dinner and came in to tea about live we all lived together in the early part of this year 30s. was missing from out money and in consequence we speak, to Helen Wadden she (Killed taking it at first. but owned to it tow or three days late it was an arranged that she should repay it at the had "I—s. 1 week out to In I sahny—the amount was all paid back—in october last she was Keeping company with a private in the Buffs, and she Used to meet him on Sunday after tea—on October 16th we had about
£200 in the cash box—it was counted and put back again in the box—the prisoner and I counted the money again the following Sunday and found £15) missing—I said to the prisoner. "We will ask Helen when she comes in after tea if she knows anything about it"—when she came in I said to her in the prisoner's presence: "There is £19 missing, Helen; do you know anything about it?"—she said, "No"—the prisoner said,—How about the 10, Helen?"—she replied, "I know nothing about it"—nothing more was said to her then—she went out again after tea and came in at 9.30—the' prisoner said. "I will give her a chance to pay it off at 2s. a week, the same as she paid the other"—she said she would not pay it off. because she had not had it, and did not know anything about it—the prisoner said he would search her "box—he did so—we found only some new clothes that she had bough!. about 8s. or 9s. in value—the prisoner said to her, "What money I bought those clothes, then?"—she said, "Thai's my business"—I said, "The best thing to do is to turn her out of the house"—the prisoner said, "I don't care to do that, as she has no father or mother: we will let it drop now and leave it until to-morrow"—the matter dropped then—I asked the prisoner the next morning when I came back from my round whether she owned to the money, and he said she still denied it—the prisoner asked her if she knew anything about its and she still kept on denying it—we both spoke to her again on the Tuesday, and she still denied it—on the Wednesday we all had breakfast together—nothing was then said about the missing money—about 7.33 I left the premises with a load of coal to go my rounds—the deceased was then clearing away the breakfast—the prisoner was in he shop—as I went through the shop the prisoner said, "Good morning, Tom," and something to this effect, "You will be back when you get here"—he had never said anything like that before, and I thought it strange, and had a mind to return, but did not—I went on my rounds as usual—I got back at 1 o'clock, and found the shop shut and locked—I had another key of it in my pocket, and unlocked it—I walked in and stepped on my brother's key, which was inside—I called out, but got no answer, then I went through the parlour and half way down the cellar stairs—I there saw the deceased lying on her back in the cellar—I went out again and fetched a Mr. Drabble, who lives next door—we went down into the cellar, and found that the girl was dead, and her throat cut—I went straight away to the police station while he fetched a doctor—in the house was kept a cattle doctor's knife, which belonged to the prisoner—it is not here—this envelope "A "has the prisoner's writing on it, also this document "B."
Cross-examined. Between the time the first money was missed and October 26th my brother and the girl were on perfectly friendly terms my brother was often strange in his manner—he was very excitable, and could not bear anyone to toll him a lie—on the morning of the murder he was so strange in his manner that I thought of staying instead" of going out—I cannot say if my father died in 1895 as I was then in the Army—I last saw him in 1881—his mental condition at that time was very weak—I know that he died insane: I have been told so by my sister—on October 14th my brother was not in an excitable state of mind
when I went out.—I was told of I the prisoner attacking a man named Colmer—I know he accused him of stealing some boots—I was having at home when my sister. Mrs. Headman, kept house for us—my brother did not constantly accuse her of stealing that I know of—I saw Coluter with.1 bandage round his head.
Re-examined I cannot point to anything else in my brother's conduit of the "26th but—saying. Good morning, Tom"—he seemed a bit strange.
Mr. Bodkin put in the certificate of the father's death, which stated that he dud on September 6 th 1895, in the Union Workhouse Hilling (I on age 71 years, and that the cause of death was sensile dementia, cardiac failure.
FLORENCE WALDEN I am a domestic servent at Uxbridge—the deceased was my sisters—she was a single woman—she was 19—I last saw her alive three weeks before the murder—I afterwards saw her body it the mortuary—I this ring to her.
JOSE WILLIAM DRARBLE . I am a grocer living at Leytonstone, Next door to the prisoner and his brother—I saw the prisoner on October 26th, about 8.30, outside his shop—he came to my shop about 8.45) for the money for some coal he had sold me—I paid him—he said to me, 'What do you think of them robbing me'"—I said "Who'"—he said. "There is only Tom and the girl"—I said, "What of"—he said, "£19 from z.200"—I said, "Hold your he": I did not believe it—he then went away—about 1 o'clock Thomas Hoffman came to me—I went into their shop, looked down the cellar and saw a form—I did not then know it was the girl—I fetched a doctor.
GEORGE BROUGHION I am 1"), and now work for Mr. Hoffman—on October26th, about 10.30. I passed the prisoner's shop—the door was shut—I saw the prisoner bending down outride the shop by the door—I said to him. "Will you tell Tom to wait for me till about half-past five and then I can go with him"—the prisoner went away quickly toward the Mayfield Road.
Cross-examined. The prisoner was calm; he had one hand in his pocket, fiddlng about with it: that is all I noticed—he never threatened me—I know Colmer, but not by that name; he is called "Totraker"—the prisoner said to me, "If I catch that 'Totraker' at my place again I don't know what I will do with him"—he suggested that "Totraker" had robbed him.
Re-examined The prisoner was angry because he thought Colmen had robbed him.
JAMES LOCKWOOD INSPECTER Dover Police). I was in charge of the Dover police station on Sunday. October 30th, when the prisoner came in—he was pointed out to me by a sergeant who handed me this piece of Lloyd's Newspaper" with an account of the murder in it—I asked the prisoner how long he had been in Dover—he said, "I came on Wednesday evening last"—he went on to say he had come to find a soldier who had his money. so that he could show him up before his commanding: officer—I asked the prisoner his name—he said, William Hoffman, of 11, Park Grove road, Leytonstone"—I cautioned him, and told him if he wanted
to make a statement he could do so, and it could be taken down—he said he wished to give himself up for the murder of Helen Walden on Wednesday last—he made this statement, which I took dawn: "I live at 11. Park Grove Road, Leytonstone, and wish to give myself up for murdering Helen Walden because she robbed me. Then she denied all knowledge of it, but she owned up to it at last—She said she had given it to her young man, of the 1st Battalion of the Buffs, stationed at Dover. She said she knew that he would not give any of it up, because he had got it, and would not give it to her again. If I wanted anything of her again I should have to take her life. She laid down on the floor and told me to kill her. I done it with a knife cattle dealers use for bleeding horses"—I read it over to him—he said it was all right—he then signed it—I formally charged him with the murder of Helen Walden—he replied, "That is all right"—I then searched him—I found 1s. 3 3/4 d. in money and some small articles, including this white handled knife, also two papers, exhibits A and B—I kept the prisoner at Dover till Inspector Wallace came next day.
Cross-examined. The prisoner spoke very slowly and quietly—he appeared to be depressed.
Re-examined. He did not speak much; that was the only sign of depression—(A. and B. were then read) "I, William Hoffman, am the man that is wanted for the murder of Nellie Walden, of 11, Park Grove Road, Leytonstone, Essex"—"I, William Hoffman, did kill Nellie Walden because she told me to do it; she said that I should never get my money because she gave it to Madge Harrington to mind and would not give it to her back, so that she said, 'Kill me out of the way.' "
GEORGE WALLACE (Inspector J.) On October 26th at 3.30 I went to the house at Leytonstone—I saw the deceased lying on her back in the cellar with her head near "the staircase—her throat was cut from ear to ear—on October 30th I went to Dover Police Station and saw the prisoner there—I said to him, "I am a police officer from London and shall arrest you for the wilful murder of Helen Walden, at No. 11, Park Grove Road, Leytonstone, on the morning of the 26th, which would be last Wednesday; you need not say anything unless you like, but what, you do say I shall take down in writing, and it may be given against you in evidence in London"—he said, "I shall say nothing, I have-said all I have got to say"—on the way from Dover to London, he said quite voluntarily, "I uent down to the cellar and asked her, "What about that money?" She said, 'You cannot get that as I have given the soldier; £10 and Madge Harrington £9, and they won't give it me back.' I said, If that is it, I shall have to do something.' She said, 'If you want anything of that you will have to take my life.' She then laid down upon her back and held her aims straight up and said, Come on, cut my throat.' I then cut it with a white handled knife, which I wiped upon her clothes, shut it up and when I went upstairs put it on the mantelshelf in the parlour: when I fit her throat she turned on her belly then on her back. I did not struggle with her as there was no occasion to do it"—I took him to Leytonstone Police Station—on the charge being read to him he said, "It was half past 10 punctual; some people say they saw me at 11, but
that is nut right '—this black handled knife I found in the pailour—it is what is known as a house be surgery kite.
Cross-examined. During the journey from Doven the prisoner kept on relating something—I did not take 11 down—there was nothing to take down.
Re-examined The statement I look down was a connected one made right off—I put it down in my book immediately afterwards—I read it over to him in the aim and he said it was correct—he made lambling statement incuts making accusations against people not connected with the case—it was about a policeman who he said had been intimate with the girl, nothing 10 do with killing her: I did not take any notice of it.
GEORGE FKIKND (Dectectur) I am stationed at Leyton—I was at the Lcyto Moiu-Polieo Station on October 26th about 1.30—I saw Thomas Hoffman there, and, with others, accompanied him back to his house and there we found the body of the deceased lying at the foot of the stairs leading to the cellar—her clothes and the tloor were saturated with blood—there was no disarrangement of her dress—there was no sign of a struggle—there was no knife 01 weapon of any so it—this ring I found there—Dr. Jerkily saw the body in the position in which I found if.
Cross-examined. I was in the same carriage with Wallace and the prisoner coining from Dover—I heard him make the statement to Wallace—I heard most of the other conversation or talk—they were statements conceming different things, but the piisoner told us the distances we were from London and so on. talking about the country and the views—he was night about the distances—he spoke about a police officer being very thick with the deceased: at was a filthy remark not tit to mention in open Court—it was nothing he had seen, only what he had heard—it was nothing to do with the ease—we did not take it down.
Re-examined. I age with what the luspectot said about the prisoner's statement which he wrote down—he seemed to know who we were and what he-was being taken to London for—he seemed to quite appreciate his position, and said he was quite prepared for what he had done—this was five minutes after we left Dover, and before the statement he made.
LEWS JEKTLL . I am divisional surgeon of police and live at Ganis-borough House, Leytonstone—on October 26th about l. 30, I was called to the Hoffmans house—I found a police officer there—I saw the deceaseds body lying at the foot of the cellar stairs—she had Ween dead over two hours—the wound in her throat went completely back to the bone of her spine—the knife had been used at least twice—she must have been lying on her back on slightly the left side—there was no sign of a struggle—I made a put mortem examination on the "28th—I found a deep bruising over her night eye. two recent scratches on the left side of her nose—when I saw the body the was a good deal of coal dust on her face, with longer makes on her fouchead I lound at the back of her skull a deep would leading to the home at the back and slightly 11 left side of her head the bone to her skull was much brused, but not broken—it must have been caused by considerable able violence, probably, a blow from some blunt—it might have been by a fall upon, a stone floor but on my opinion it was nut—the wound in her throat must have been
caused by a big sharp knife—the gristle was cut clean through.—it would Live been impossible for the victim to cry out as the windpipe was completely severed—the blow on the head would have produced complete stunning—she could not struggle because she would be senseless from the Mow.
STANLEY GEOHGK PHICE . I am a private in the Second Battalion of the Huffs. East Kent Regiment, stationed at Dover—I knew the deceased first about a fortnight before her death—I went out with her very night—I lift her on Tuesday, October 15th, at 11 o'clock—I never received any money from her at any time—as far as I know, no other man in my Com-pany has walked out. with her.
MADGE HEKLASS . I am the wife of Thomas Heelass—my maiden name was Madge Harrington—I had known the deceased for about two years—I saw her nearly every day—I last saw her a week before her death—I did not receive at any time any money from her.
By the COURT. The prisoner knew me as Madge Harrington.
Evidence for the defence.
JOHN COLMHH . I am a labourer—I know the prisoner and his brother Thomas—I never worked for them—on October 14th I was outside Mr. Tompkins" shop—the prisoner was standing at his shop door—I went to Tompkins when the prisoner hit me across the head with a shovel—he did not speak—he had previously accused me of stealing boots—I had No. stolen them—I took no proceedings against the prisoner—I became unconscious at the time and was taken to a doctor's.
Cross-examined. I have known the Hoffmans about four years—Tompkins keeps a rag shop—I used to take rags and bones and bottles, anything, there—I never sold Tompkins any new boots, only old ones—I did not take out a summons against the prisoner because I had no means.
AMELIA DEADMAX . I am a widow in domestic service—the prisoner is my brother—about '20 years ago the prisoner left home and disappeared Jill about three or four years ago—he then asked mo to keep house for him at Park Grove Road, which I did for about a year—while there he said I had stolen his money but I had not—he also accused my sister of having Molen his money—he once broke my box open—two or three years ago lie knocked my little boy about—I took the boy's part; he then said he would give me a good hiding: I told him to do it—he went and fetched an are and held it up to my head and said, "Shall I?"—I said, "Yes, do it, but you will have to kill me and you will have to kill two more," meaning my little boy and the prisoner's brother—he said he would not mind that—he took the axe down again to the cellar—I was ill in bed for two or-three weeks after that—I then left the house—my father died in 1895. aged about 70—he was very strange in his mind—about 1883 he had fits my mother was subject to fits.
Cross-examined. I have three other brothers besides the prisoner and Thomas—two are in business getting their living, the other I have not seen for years—when the prisoner came back, three or four years ago. He worked at various places, and having saved some money he started the business and my brother Thomas joined him—he Was the boss of the business staying in the shop while Thomas went on the rounds—the
prisoner did not drink too much to my knowledge—when he produced the axe I do nor think I had made angry remarks to him—I dared him to give me a hiding—I cannot explain what sort of fits my father had.
HELEN STONE . I am a nurse at the Hillingdon Workhouse, Uxbridge—I had there under my charge a man named Henry Hoffman, the prisoner's father—that is the Hoffman mentioned in this certificate—he was not sane while under my charge—he was sent to the workhouse under a lunacy certificate—this is a copy of it.
Cross-examined. He went to the workhouse in October, 1894—he died in 1895, aged 70—he was very childish and tiresome—he was worn out—he was not violent, he was too infirm—he did not know where he was—he was very ill—he was suffering from old age.
Re-examined He had delusions: he always imagined he had plenty of money.
JAMES SCOTT . I am the medical officer at Brixton Prison—in accordance with my usual custom I kept the prisoner under special observation—I have had constant interviews with him—I made a report, to the Director of Public Prosecutions—I have heard the evidence given to-day and have made inquiries into the prisoner's history—I found him very simple and childish—he did not seem to appreciate his position—he was constantly talking about having been robbed by nearly everyone with whom he had any dealings for the last 25 years—I thought that was an insane obscession or delusion—he stated the amount at £1,100 and dozens of watches—he did not show remorse as one would anticipate with such a crime, and he behaved as if he was not in danger of any serious consequences—he appeared to be indifferent—I should not say that that alone was a sign of madness, but. taken with others it would be—I should say no man in his senses would cominn such a crime and then not be disturbed about it—consider the prisoner is of unsound mind.
Cross-examined. The prisoner had only one delusion, that of being constantly robbed—if, in fact, Helen Walden did steal the money, that would be no delusion—persons who have delusions upon particular subjects are able to reason and act comparatively rationally in regard to everything else—this murder was committed on October 26th, and I did not see the prisoner till November 1st—I do not think the signs of remorse would have worn off—the going to Dover shows a connected train of thought—I think he knew the act he was committing—I do not think the farther dying of senile decay, if it were true dementia due to senile changes and decay, would cause a son to be of a weak intellect.
Before Mr. Recorder.
102. EDWARD SHELYEY (35) . Feloniously causing grievous bodily harm to Stephen Boorman, with intent to resist and prevent his lawful apprehension. Second Count, causing him grievous bodily harm, with intent to prevent his lawful detainer.
saw the prisoner walking along alone carrying something under his arm—I stopped him and said, "What have you got there?"—he said, "A pair of men's trousers'"—I said, "Where did you get them from?"—he said, I bought them of a man in the "Blue Boar' public house"—I said, Do you know his name and address?"—he said, "No"—I said, "I shall take you to tile station for being in the unlawful possession of—these trousers"—he said, "All right"—on the way to the station he made a sudden lunge forward and kicked out backwards with his left foot, catching me in the privates, and felling me to the ground—I said to Manning, "Hold him, he has kicked me"—the blow made me feel very sick—Manning blew his whistle, and P.C. Driver came to our assistance—the prisoner was conveyed to the station—he was very violent for a time—lie seemed sober—I was afterwards assisted to the station by another officer, and then taken home on an ambulance—I have sine been under the care of Dr. Grogono, divisional surgeon, and am still off duty—I still feel very much pain.
Cross-examined by the. prisoner. When I received the kick I did not get up and strike you three times in the face, knocking two of your teeth out.
WALTER ATKINS GROGONO . I am surgeon to the K Division of police—on November 13th I examined Boorman at his residence—he was suffering from severe contusion of the left testicle—I think it was caused by a kick—he was confined to his house for 14 days—he is still suffering from a swollen testicle—he is not fit for duty—it may be some considerable time before he is able to do any—there is danger of atrophy of the testicle, and it may be a permanent injury—in all probability he will ultimately recover—if not, I think he would not be fit to discharge his duty as a constable—I examined his, overcoat, and there is a mudstain on it exactly over the seat of the injury—it is the impression of a muddy boot—it was a very wet night, I remember.
Cross-examined. I think it possible for you to kick enough with a fractured kneecap to cause that injury—the injury could not have been caused by a fall.
CHARLES MANXING (414 K.) About 1.20 a.m. on November 13th I was on duty in High Street, Stratford, with Boorman—we there met the prisoner—Boorman spoke to him—I heard what he said—he said to him, "What have you got there?"—the prisoner said, "A pair of trousers"—Boorman said, "Where did you get them from?"—the prisoner said, "I bought them from a man in the 'Blue Boar'"—Boorman asked his name and where he lived—the prisoner said he did not know—Boorman Mid he should take him into custody for being in the unlawful possession of these trousers—the prisoner said, "All right"'—I caught hold of Ins right arm and Boorman his left—we had got about 300 yards, the prisoner walking quietly, when he made a sudden lunge forward and then kicked with his left foot backwards, kicking Boorman between the legs in his privates—Boorman said, "Manning, hold him, has kicked me"—I held him—he struck out at me, and knocked my helmet off—Boorman was lying on the ground, appearing to be in great pain—I struck the prisoner with my right fist in the fa-ce, which knocked
him down—I blew my whistle and Driver came up—we got the prisoner to the station—Booriman was assisted 10 the station, and Dr Grogon was sent for.
DANIER DRIVER (322 K) About I 3 a.m. on November 13th I was on duty in High Street. Straford—I heard a police whistle, and went in the direction of it—I saw the prisoner on the ground struggling with Boorman and Manning—Boorman said. 'Hold him to has kicked me in the privates—I held him. and assisted in Liking him to the station—on the way the prisoner said. "I will kill all you b——s yet"—he was violent a little way—he appeared to be sober.
The prisoner. The police were all three drunk.
By the COURT We were not drunk.
HENRY MONTGOMERY (Inspectot K.) About l. 30 a.m. on November Kith I was in charge of the station at Stratford—the prisoner was brought in by Manning and Driver—Moorman came in shortly afterwards, assisted by another officer—he appeared very ill, and in a state of collapse—Boorman stated what had happened, when the prisoner said, "He did it himself; he's drunk"—there was no suspicion of drink about either of them—I sent for the divisional surgeon—Doorman was, by his orders, taken home on die ambulance—there is a large dirt mark on his overcoat over the region of the injury—on being taken to the cell, the prisoner said, offering to the trousers, "I bought them of a man named John Fox. a costennonger. living in the Straford Road. "
The prisoner, in his definer, said that he bought the Iron was of a John For, that when he was being taken to the station he was knocked about by the constables, that the kick the constable received was not given intentionally hut was a pure accident, that after he received it he (the constabal) got up and hit him three times in the fare, and that be could not hart been injured very much, because it was-impossible for him (the prisoner) to kick very hard.
GUILTY on the scond count only. (See next cash)
MR. NICOLSON for the Prosecution. offered no evidence.
The prisoner then pleaded guilty to a convication of felony at West Ham on December 16th, 1898. A number of other convictions were proved against him Fifteen months' hard labour.
Before Mr. Common Serjeant.
MR. POWELA Proseccuted.
ROBRRER HEANTN . I live it queen Street. Chapel street, E.—the prosecutrix is my wile, and the prisoner my son—on decembor 20th in the evening I was sitting with ray wife and son and daughter at table—my wife wont up-stairs. came down, wound up the clock, and said to mo, "I would cover the canary up"—I said, "Yes, I will do it in a few moments"—my daughter said. "The bird is all right,"—my wife said, "F——the birds, they are a nuisance"—the prisoner said, "I have told you about using that bad word in front of my sister," and lie jumped up from the chair and went towards her—my daughter went towards him, and I luard her say, "Leave off"—he seemed to be striking his mother in her hack, on her shoulder, four or five times with his list—my wife said, "Stop him"—I saw she was bleeding at the neck—I put the prisoner in the passage and got him from the house—my daughter and I took my wife to my daughter's at 9, May's Buildings—the prisoner said to his mother, "I will kill you, I will have your heart "and, "I won't have that language used in front of my sister"—my son-in-law brought my wife back and she sat in a chair—I said, "(Jo for a doctor." and he went to the nearest he could then—this bent knife is what I lie prisoner used—I called in two constables—my wife was taken to the hospital on an amblulance—this knife was not bent like this before this happened.
GRAHAN SRINNER . I am house surgeon at the West Ham Hospital—on Sunday, November—20th, I was called out of bed to attend to the prosecu-incised—she was "suffering from collapse—on examining her I found a small incised wound on her left car, an incised wound on the left side of her neck about four inches downwards from the ear—there were five apparently stab wounds over her left shoulder, the deepest wound being about '2 1/2 inches, and. incised wound about two inches in length on the light side if the back of her neck—there were two scratches over the middle and ling lingers of the left hand—she had lost a fair amount of blood, I should not say a lot—one wound over the shoulder was bleeding—this knife would have produced the wounds a considerable amount of force was necessary——the prosectris is here—she is praetieally well she was discharged from the hospital on December 2nd—she will be an out-patient for about a week—I detected no evidence of drink—there were seven separate wounds.
ALICE HEATH . I am the daughter of Robert Heath and am the prisoner's "sister—on this Sunday evening my brother and I were sitting down to supper with father and mother—mother asked father to cover up the canary—father said, "I'll cover it up in a few minutes"—mother said "I think the bird will be all right," and using a bad word said something. about a nuisance—the prisoner went towards mother and said he would not have such words used in front of his sister, meaning me—he went towards mother, I cannot say whether he hit her or not—he had this white handled knife in his hand—I went to part them—my brother said he would kill her if she used that word in front of me—I took the knife from him, and
got a black eve in trying to part them, hut that was not done wilfully—he was. strugirlin wirh my father as well—my father and I put the prisoner out in the passage—the prisoner was in drink—this other knife, the Mack handled one must have fallen on the floor.
JOSEPH MORRIS (K 67.) About 1.20 a.m. on this morning I was on duty with another officer and was called to this house in Queen Street—I saw the prosecutrix sitting on a chair bleeding-from wounds on the neck—Robert Heath spoke to me, in consequence of which I went with the other officer to 9. May's Buildings—I told the prisoner I was going to arrest him for causing grievous bodily harm to his mother—I took him to 5, Queen Street, and said to the prosecutrin, "Is this your son who stabbed you?" she replied, "Yes, I do not wish to harm the boy"—I took him to the station—this black handled knife was handed me by Robert Heath—the white handled knife was brought to the station by the son-in-law—the prisoner had been drinking—he seemed cool and collected.
The prisoner's statement before the Magistrate," I have only got to say that I was in drink. I am positive that I was drunk. There is no witness that I can call. "
The prisoner handed in a written statement to the Judge, and add in in defence that he did not wish to do his mother any harm but her language caused him to forget himself and lose self control when the knife he was tiling for supper was in his hand.
GUILTY of unlawfully wounding under great provocation. Twelve months' hard labour.
MR. HUTTON Prosecuted.
GUILTY . Two months' hard labour.
MR. PURCELL Prosecuted.
EDWARD HOWARD . I am a barrow proprietor of 23, Wheeler Street, Spitu-lfields—in June I lent a barrow to Morris Rinzelsoll. of 36, Smith Street, Mile End, worth £3—from a statement made to me on Novembers 8th, I went to Mrs. Miles, of Webber Road, Blackfriend, where I took possession of that barrow—I do not know the prisoner.
MOURIS RINZELSOLL . I am a greengrocer of 56, Smith Street, Mile End—in June I hired a barrow from Howard—on October 26th the prisoner, whom I had not seen before, came to my shop and asked me if I could lend him a barrow for 10 minutes—I said I could not lend him the barrow as I had to go to market—and he said, "Only for ten minutes: I will bring it back"—I said, "I cannot lend you the barrow, as I do not know you—he said, "I live only round the corner, at No. 9, Dempsey Street,". and he gave me his name as Wilson—I lent him the barrow, but he did not return with it—I have got the barrow back again now.
Cross-examined. by the prisoner. I did not give evidence against you
until The third time you appeared at the Police Court, having been remanded, because I did not know it was my burrow that you were charged with stealing—you asked me to lend you the barrow from outside my shop window—there was a lady customer in the shop at the time; she is not here.
ELLEN MILES . I am a widow and live at 1, Webber Row, Blackfrinrs, and lend barrows on hire—on October 27th about 11 a.m., the prisoner came to me saying he had a barrow to sell, and that it was a bargain—I said I could not buy it without seeing it, and he went and fetched it, as he said, from Westminster Road—I saw "on hire"' on it, and asked him the reason—lie said he let the barrow out in the afternoon after he had done with it in the morning, and that is why he put on it "on hire '"—the name "Howard "was on the barrow—he told me he wanted 18s. for it, which I gave him—he gave me a receipt, signing his name as "Howard" (I redacted), giving his address at 473, White Street, Spitalfields—I took the barrow to a man to have it marked with my name, and. the man knew Howard—then Howard came and recognised tire barrow as his own, and I let him have it.
Cross-examined. My son and daughter were present at the time.
GEORGE SCRIMSHAW (Detective Sergeant.) On November 14th the prisoner was charged with stealing Howard's barrow—he had been remanded twice when I charged him with this offence—he made no reply to me when charged.
The prisoner, in his defence, said that he could produce references to show that he had been an honest man for the last, four years.
GUILTY . He then
PLEADED GUILTY to a conviction of felony at Clerkenwell Green on May 21st, 1901 in the name of Joseph Isaacs. Eleven previous convictions were proved against him. Two years' hard labour.
Before Mr. Justice Darling.
GILBERT HUGH LAWSON . I live at 1, Wrottesley Road, Plumstead—the deceased was my mother—she was about 77 years old—for some years her health had been very bad—I have known the prisoner all my life—she was in my mother's service all my life—she acted as nurse to my mother for about 20 years—my mother had been a chronic invalid for about that time—in January or February last she had a paralvtic stroke—since then the-prisoner was in constant attendance day and night upon her—I last saw my mother alive on November 23rd, the day before her death, about 9.45 to 9.30 p.m.—next morning I left the house about 8.10—the prisoner gave me my breakfast as usual—I asked her about my mother—she said, very much the same"—the prisoner usually dressed in the morning in a print dress—there was nobody in the house usually but my mother and the prisoner—I returned home about 11 a.m. in consequence of a telephone message—mv sister opened the door—I saw the prisoner in the dining
room—she said, "I do not know why I did it, and I do not know how I did it," and then later on, probably half an hour later, she stated that after having seen what she had done she asked God whether she should kill herself or not and God told her "No"; so she did not.
Cross-examined. My mother's illness was of a very painful character and at times she endured exeraciating pain—I had noticed that a day or two before the murder, the prisoner seemed very much distressed and troubled by witnessing my mother's pain and suffering—she repeatedly remarked how terrible it was to see—the prisoner was devotedly attached to her and the whole family—she had been with my mother since a little girl of 13, that would be 47 years—during my lifetime she had given faithful and loving service and had shown no sign at any time of malice or hostility to any one—I always heard the family speak to her devotion throughout—since I can remember she has been regarded as a friend of the family—when I returned on the 24th at 11, she was not crying, but she hardly seemed to realise the horror of the thing she had done.
MARY LAWSON . I am the wife of William John Lawson, of 19, Isler Road. Plumstead—my husband was a son of the deceased—I went to see my mother-in-law every day—on November 23rd, she was very weak—I went on November 24th about 9 a.m.—I let myself in—I was taking off my things in the dining room when the prisoner came in saying, "Oh, I have killed your mother"—I said, "No, Mary, you could not"—she said, "I have, I don't know why I did it, but I have cut her throat with a razor"—I noticed that she was wearing her afternoon black dress—she was wringing her hands and seemed very distressed—I ran upstairs into mother's room—I only got to the foot of the bed when I saw she was dead or I thought she was—I ran out of the room and went for Dr. Bryson—she was lying in her bed in exactly the name position as I saw her the night previous.
Cross-examined. Dr. Bryson is my brother-in-law—I have known the prisoner over 20 years—there was the greatest devotion and love between the prisoner and my mother—during that time I have never known the prisoner guilty of any act of unkindness or anger towards her mistress—I assisted the prisoner at times when it was necessary to move the deceased—the moving always caused the deceased great pain, particularly the morning prior to her death—the sight of her mistress' suffering visibly affected the prisoner, and she seemed much depressed—I think I mentioned her depression to Mr. Gilbert Lawson—the prisoner always wore a print dress in the morning—about 2 or 3 p.m. she changed her dress—on the 24th she was wearing a black diess with a white apron—I have never known her do that before—at that time she was under great mental excitement and not a bit like herself.
EBKNEZER BRYSON . I am a registered medical practitioner of 100, Herbert Road, Plumstead—the deceased was my mother-in-law—I had attended her for the last 20 years—she was suffering from paralysis and was bed ridden—I saw her on November 23rd—she was absolutely helpless, being completely paralysed on the left side, unable to move either hand and sinking fast—she would have lived a day or two more at he outside—on November 24th, the last witness came to my house about 9.30—I went to my mother-in-law's house at once—the prisoner opened the door—she
appeared to be in much the same condition that a child with nightmare would be—she clung to me with trembling hands and in a whimpering voice kept saying, "Whatever made me do it.'"—I said, "Mary, what have you done I"—she said, "I have cut her throat-with a razor; whatever made me do it.'"—she kept repeating the latter phrase—I looked round the room to make sure there was no weapon of any kind, because, in my opinion, the prisoner was nun compos mentis and unfit to be left alone—I persuaded her to sit down and then rushed upstairs to the deceased's room—I found her lying on the bed in much the same position that I had seen her for weeks past—there was an extensive wound in her throat, and she was quite dead—I then went downstairs and stayed with the prisoner till somebody came—I noticed blood was all over the wall of the bedroom, at the head of the bed, the bedclothes, on the floor and other parts—it had been wiped down partly—the prisoner afterwards told me she had wiped it down with a duster—the prisoner kept repeating, "Whatever made me do it?'—she said. "The deceased was asleep when I did it and did not move"—there were spots of blood on the right hand side of her collar and one or two on her left ear.
Cross-examined. The deceased had the first stroke of paralysis last January—from that time it was necessary that someone should be with her night and day—the prisoner had always done the night nursing—she did her duty absolutely satisfactorily—I never saw such unselfish devotion as the prisoner showed to her mistress—owing-to the great strain on the prisoner, I had many times suggested to her that she should be relieved by a hospital nurse—she always begged to be allowed to nurse her mistress to the last—I noticed towards the end that the prisoner seemed' to be getting-into a low, depressed condition—on the fatal day I had a strong opinion that the prisoner was non com pos mentis—I had known her over—20 years.
ERNEST OFFORD STUART . I am divisional surgeon of police and practice at 30), Woolwich Common—on November 24th, about 1.30 p.m., I went to the deceased's house and found her dead—I made a postmortem examination the next day—there was a wound a cress the throat extending from the left ear to the right, severing all the structures down to the vertebra—it might have been caused by a razor—the cause of death was syncope and loss of blood.
Cross-examined. The deceased was apparently asleep when attacked.
WILLIAM CBOSTON (Inspector R.) About 12.30 p.m., on November 24th, I went to 1, Wrottesley Road, Plumstead—I went into deceased's room—I found this razor, which was open lying in a drawer—it had been cleaned, but there were blood marks on it—I also saw a basin of water with bloodstains in it—I took the prisoner into custody at 1.30—I cautioned her and told her I should take her into custody for the murder of her mistress—she said, "I remember nothing after taking the razor from the drawer and cutting her throat; I don't know why I done it; after I realised what I had done. I took the duster and wiped down the wall and put the razor away when charged, she said, "Yes, I don't know what made me do it; I did not know I was doing it at all. "
Evidin for Sin Defiance.
GEUKGK BATHO GRIFRNTS . I am medal officer at Holloway Prison—the prisoner was received there on November 24th—since then she has been under my care—I have read the depositions and the reports of the nurses when she came—she was extremely depressed and melanclioly. I think she was then msine—she seemed quiate unable to recall what had taken place—she did not show any sign of malingering or trying to sham—in my opinon she was undoubtedly insane when she committed the act—she is now Miry near the border line I do not think I should came to certain her just at present.
Cross-examined. I am aware there is evidence that the razor was wiped clean and put away in a drawer and an attempt to clear up the blood, also that the print dress with bloodstains, on was put away and changed for a black dress—I think she was unconscious of the act at the time she committed it. but that she became conscious of it after it was over, and seeing what she had done she, being naturally a tidy peison, had wanted to clear up—that is my experience—she would come to herself directh it was over.
GUILTY, but insane. To be detained during his Mayes pleasure.
Before Mr. Recorder.
Before Mr. Common Serjeant.
109. WILLIAM BOWLES** (36) PLEADED GULITY to unlawfully posssessing "30 counterfeit sixpences, having been convicted it this Court in May, 1897, of feloniously possessing mould for coining. Twelve months hard labour —And
(110.) CHARLES COLLINS (41) , to burglary in the dwelling house of Alexander Elliott Davidson, and steahne two carriage clocks and other goods, his property. [Pleaded guilty. See original trial image.] Eighteen months hard labour.
Before Mr. Justice Darling.
111. MATTHEW FLEMING (28) . Feloniusly wounding Ernest White, with intent to mean been Second court, with intent to disable him: Third round, with intent to do him grievous bodily harm; Fourth court with intent to prevent his lawful apprehension.
MR. BODKIN Prosecuted.
EMMA COOK I am the wife of Thomas Cook, 134, St. John's Hill. Wandsworth—the prisoner had been my lodger for about two years—he' is a pork butcher by trade—about November 26th he was out of work—on the afternoon of November 26th a young woman named Eliza Macrith, who was keeping company with the prisoner. was at my house, also my son—the prisoner came 111 about—3.-50—he was under the influence of drink—he tried to kiss the young woman—she resisted him—
there were some angry words—the prisoner went out again.—about 15 minutes later he returned and went into the kitchen—he took, one of his own knives from the drawer and put it up his sleeve—he then went up-strait—lie shortly after came down again and asked my son what he had said to the young woman, and accused him of telling her that he (the prisoner) was drunk—I told him it was me what had said it, not him—the prisoner said he would shoot me like a dog—I told him to go—ho stamped and raved and swore, and defied everyone, and said he should not go—I sent for the police—this is the knife the prisoner took.
Cross-examined by the prisoner. A week previous on the Friday you killed a rabbit—that morning you had a smock on to go to the market—I asked you if you were going to work, and you replied you were going to try—you said, being Friday, you might get a Saturdays job, and it was best to go prepared.
THOHAS COOK . I am a greengrocer at 154, St. John's Hill, Wandsworth—I saw the prisoner on Saturday, November 26th, at my house—he was drunk and very excited—I told him to leave the house—he did not go. but went into the shop—I put him out of the shop—he came back—by that time the police had arrived—when the prisoner tried to rush in, a constable said, "Do you want this man?" and I said, "Yes"—the policeman caught hold of him and then released him and gave him a chance to go away but he would not go—he attempted to rush into the shop again: the policeman stopped him, and then the stall in front of the shop was pulled over—there was a crowd of people and I saw no more.
Cross-examined. I believed you killed a rabbit the Friday previous—I believe you had your smock on on the day in question to go to the markets and I asked were you going to work—I cannot say whether you had your overcoat on over your smock.
By the COURT. When the policeman came the prisoner was drunk—he was not violent but very noisy—the police were not rough with him at first, not until he got rough with them—they did not use more violence than was necessary.
FRKDEKICK DOWDEN (115 V). About 4 p.m. on November 26th I was called to 154, St. John's Hill, Wandsworth—White accompanied me—I saw the prisoner having an argument with Mr. Cook in the shop—he appeared to be very excited and drunk—Mr. Cook said, "This man is creating a disturbance and I want him put outside"—I told him he had better eject him himself, as we had no power to do that in the house—he then put him outside—the prisoner began throwing his arms about and ran about the pavement; he made a dash to upset the fruit stall there—I topped him—he then ran behind it and tried again to upset the stall, which eventually was done—there was a large crowd of people—I repeatedly asked him to go away—I then took him into custody—I took him by the left arm—White was then on the prisoner's right side—I saw the prisoner raise his arm in a very excited way and—wave it about as if to strike White on the head, and said, "I—will, I will"—White said to me, "Look out, mate, he has got a knife and has stabbed me behind the ear"—threw the prisoner to the ground while White held him arm—I took this knife away—he was very violent—White was in a weak state—he went
to the station to fetch the ambulance—when it arrived the prisoner was Stiapped on it and taken to the station—there he said, "My apprehension was not lawful, and I had a right to defend myself"—he was drunk when he said that.
Cross-examined. When you were arrested, White was about three or four yards from you—it was when he came to my assistance that you raised your arm.
KRNEST WHITE (352 V). About 4 p.m. on November 26th I went with Dowden to 154, St. John's Hill—I saw the prisoner in the shop there—he was acting in a disorderly way and waving his arms about—he was drunk—he turned round and faced Mr. Cook and said he had no right to call the police—the police could not interfere with him—Mr. Cook then pushed him out—the prisoner kept shouting and tried to throw the stall outside the shop over—a crowd collected—we asked him to go away—he ran behind a van and then sprang towards the stall again—finally he overturned it—Dowden took him into custody—he took him by the left arm—the prisoner commenced to struggle violently—I went to assist Dowden—the prisoner raised his right arm to strike me—I turned my face slightly away and held up my left hand to ward off the blow—I felt a stinging sensation in my head—I saw he had a knife in his hand—he was shouting, "I will, I will"—I seized him with both hands and threw him I backwards to the ground and held him while Dowden took the knife from him—other police came—the ambulance was fetched and the prisoner was taken to the station—this is the helmet I was wearing at the time—the knife has cut through the leather rim and the cork of the helmet—I am still on the sick list.
FELIX CHARLES KEMPSTER . I am divisional surgeon of police and practice at Battersea—I saw White about 5 p.m. on November 26th—I found a cut wound on his head just behind and above his left ear—it had separated the flesh from the skin of the scalp—it was a slicing wound—it might well have been caused by this knife which I was shown; there was blood on it—I saw the prisoner—he was very drunk—he said the police had assaulted him—he denied being drunk—he had several bruises about his face, and his head and face were covered with mud—at that time, the constable was in a serious condition; I thought he had got blood poisoning—he is still under my care—the knife is a butcher's knife, very sharp and firm.
Cross-examined. I think the point of the knife struck the metal band of the helmet and was turned downwards and backwards.
Re-examined. It was a blow with the point of the knife.
The prisoner's statement before the"Magistrate says: "I had no intent to do the constable any bodily harm.'
The prisoner in his defence on oath said, on the day in question he was drunk, that he took the knife from the drawer for the purpose of trying to yet some work, that when he was arrested he put his hands in his pocket and drenched hold of the knife, that when taken hold of, he hit out at the constable, but did nut know he had hold of the knife, and that he did not recollect what happened afterwards.
GUILTY on the fourth count. Twelve months' hard labour.
Before Mr. Common Serjeant.
Before J. A. Renoul. Esq., K.C.
113. JOHN COOPER (44) PLEADED GUILTY to breaking and entering the dwelling house of Maud Mary Cozens, and stealing therein a purse and other articles, her property. Having been convicted of felony at Guildhall. on October 22nd, 1808. a number of previous convictions were proved against him. Two years' hard labour.
MR. HUTTON Prosecuted.
GUILTY . Two Months' hard labour.
ADJOURNED TO MONDAY, JANUARY 9TH, 1905.